WP/15720/1997 of M/s. Bharathi Constructions Company, Vs The Engineer in Chief, (RANDB), on 26 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE GODA RAGHURAMand THE HON'BLE MR JUSTICE SANJAY KUMAR

WRIT PETITION No.15720 of 1997

Between:

M/s. Bharathi Constructions Company, Rep. Managing Partner-N.Ramachandra Reddy.

H.No.1-4-94, Kurardi Road, Mahabubabad, Warangal.

..... PETITIONER

AND

1 The Engineer in Chief, (R&B), Errum Manzil, Hyderabad.

2 The Executive Engineer, (R&B), Mahabubabad, Warangal.

3 The Executive Engineer (R&B),

Khammam.

4 The Executive Engineer (R&B), Eluru,

West Godavari.

5 The Executive Engineer (R&B),

Mylavaram.

6 The Executive Engineer (R&B), Kothagudem, Khammam. Khammam.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to To issue a writ, order or direction more in the nature ofMandamus directing the respondents to deduct sales Tax at source on70% of gross amount of the bills of the Firm at flat rate of 1% in case ofRaod works and 3% in case of Bridge works in accordance withG.O.Ms.No.788, Rev., dated 21/09/1996 for the date of the G.O. i.e.,21/09/1996 readwith Circular Memo No.15525/TA 1/RE(1)/88, dated27/05/1997 issued by the 1st respondent with all consequential benefitssuch as refund of the excess Sales Tax recovered from the firm etc., byholding the action of the respondents in deducting the Sales Tax atsource at 3% to 4% of the bills of the petitioner firm without reference tothe orders issued by the Govt., in G.O.Ms.No.788, Rev., dated 21/09/1996is an illegal, arbitrary, discriminatory and violative of Articles 14 and 21 ofthe Constitution and pass Counsel for the Petitioner:MR.D.LINGA RAO

Counsel for the Respondent No.: SPL GP FOR TAXES

The Court made the following :

THE HON'BLE MR JUSTICE GODA RAGHURAMand

THE HON'BLE MR JUSTICE SANJAY KUMAR

WRIT PETITION No.15720 of 1997

ORDER:(per the Hon’ble Sri Justice Goda Raghuram)

It is represented by Sri D.Linga Rao, learned counsel for thepetitioner that the grievance in the writ petition does not survive for adjudication.

Recording the said submission, the writ petition is dismissed asinfructuous. Interim order dated 24-07-1997 stands dissolved. Thereshall be no order as to costs.

Date: 26-12-2008Prv

____________________GODA RAGHURAM, J__________________SANJAY KUMAR, J

To

// TRUE COPY //

..... REGISTRARSECTION OFFICER

1.2CCs to2.2CD copies

Form-NIC-OGS/WP{JCS}