HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 32802 OF 2010 DATED 7TH OCTOBER, 2014.
BETWEEN Srinivasa & Co., Rep. by its Managing Partner S.Sinuvasa Rao …..Petitioner And The Government of AP, rep. by its Principal Secretarym, Transport, Roads & Buildings Department, Secretariat, Hyderabad and ors.
….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 32802 OF 2010
ORDER:
Heard the learned counsel for the petitioner and learned Government Pleader appearing for respondents.
The Writ Petition is filed challenging the action of the respondents in withholding and deducting 0.25% of the gross bill amounts payable to the petitioner by referring to G.O.Ms.No.98, Irrigation & CAD Department, dated 05.07.2000, G.O.Ms.No.61, Transport, Roads & Buildings Department, dated 11.04.2000 and G.O.Ms.No.159, Transport, Roads & Buildings Department, dated 30.10.2004.
A learned single Judge of this Court earlier set aside G.O.Ms.No.92, Transport, Roads & Buildings Department, dated 19.05.1998 and G.O.Ms.No.61, Transport, Roads & Buildings Department, dated 11.04.2000 on the ground that deduction of 0.25% from the gross bills as contribution to NAC was not traceable to any law and the resolution of the Builders Association of India did not take away the rights of the petitioner to challenge the Government Orders issued without any statutory authority. Challenging the order of the learned single Judge, the State of Andhra Pradesh filed Writ Appeal No. 2117 of 2005 and the same was dismissed on 21.07.2010 (State of Andhra Pradesh Vs. National Academy of Construction) (2010 (6) ALD 591).
Learned Counsel for the petitioner submits that this Writ Petition is covered by the aforesaid judgment and the respondents have no authority to withhold and deduct 0.25% of the gross bill amounts, as it was not supported by any law.
In view of the earlier order of this Court, this Writ Petition is allowed. The miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. There shall be no order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 7TH OCTOBER, 2014.
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