Andhra Pradesh High Court

WRIT PETITION 5022 of 2009 on 11 April 2000

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IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)

:: AMARAVATI

MONDAY, THE TWENTY EIGHTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKURANDTHE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 5022 OF 2009

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1. V.Satyanarayana Reddy, S/o.Maddileti Reddy, Aged about 42 Years,Occ:Special Class Contractor, SBI Colony, Nandyal,[Kurnool][ District.]Occ:Special Class Contractor, SBI Colony, Nandyal,[Kurnool][ District.]

2. D.Dastagiri,S/o.Dastagiri,Agedabout45Years,Occ;ClassIContractor, Nehru Street, Allagadda - 518 543, Kurnool[District.]Contractor, Nehru Street, Allagadda - 518 543, Kurnool[District.]3. K.V.Subba Reddy, S/o.Venkat Narasimham, Aged about 43 Years, Occ:Contractor, R/o.V.N. Puram, Podili, Prakasam District.Contractor, R/o.V.N. Puram, Podili, Prakasam District.

4. S.VenugopalReddy,S/o.KotiReddy, Aged about 45Years,Occ:Contractor, R/o.Kandukuru, Prakasam District.Contractor, R/o.Kandukuru, Prakasam District.

5. T.BaliReddy,S/o.Peda AnkiReddy, Aged about 44Years,Occ:Contractor, R/o.Andhra Bank Street, Podili, Prakasam[District.]Contractor, R/o.Andhra Bank Street, Podili, Prakasam[District.]

6. A.Venkateswarlu,S/o.Basavaiah,Agedabout43Years,Occ:Contractor, R/o.Santhapeta, Ongole, Prakasam District.Contractor, R/o.Santhapeta, Ongole, Prakasam District.

AND

...PETITIONERS

1. The Government of Andhra Pradesh, represented by its, PrincipalSecretary, Transport, Roads & Buildings, Secretariat, Hyderabad.Secretary, Transport, Roads & Buildings, Secretariat, Hyderabad.

2. The Pay and Accounts Officer, NSP, Ongole, Prakasam[District.]

3. The Pay and Accounts Officer, Nandyal, Kurnool District.

4. The Pay and Accounts Officer, Kurnool, Kurnool District.

5. The Pay and Accounts Officer, Visakhapatnam, Visakhapatnam District.^

6. The Pay and Accounts Officer, Tirupati, Chittoor[District.]

7. The Pay and Accounts Officer, Kadapa, Kadapa District

8. The Pay and Accounts Officer, Anantapur, Anantapur[District.]9. The Pay and Accounts Officer, Mahabubnagar, Mahabubnagar[District.]' lO.The Executive Engineer (P.R), Ongole, Prakasam[District.]11.The Executive Engineer (P.R), Kandukur, Prakasam[District.]12.The Executive Engineer (P.R), Markapur, Prakasam[District.]IS.The Executive Engineer (P.R), Parchur, Prakasam[District.]14.The Executive Engineer (R&B), Markapur, Prakasam[District.]IS.The Executive Engineer (R&B), Ongole, Prakasam District.IS.The Executive Engineer (R&B), Kanigiri, Prakasam[District.]17.The Executive Engineer (R&B), Tenali, Guntur District.IS.The Executive Engineer, Irrigation, Ongole, Prakasam[District.]19.The Executive Engineer, T.W., Srisailam, Kurnool[District.]20.The Executive Engineer, Telugu Ganga Project, Velugodu,[Kurnool]District.

21. The Executive Engineer (R&B), Nandyal, Kurnool District.22.The Executive Engineer P.R., Nandyal, Kurnool District.23.The Executive Engineer P.R., Kurnool, Kurnool District.24.The Executive Engineer P.R., Adoni, Kurnool District.

25. The Executive Engineer, T.W., Visakhapatnam, Visakhapatnam[District.]26.The Executive Engineer, Irrigation Division, Chittoor,[Chittoor][ District.]27.The Executive Engineer, Minor Irrigation, Kadapa, Kadapa[ District.]28.The Executive Engineer P.R., Penugonda, Anantapur[District.]29.The Executive Engineer P.R., Anantapur, Anantapur[District.]SO.The Executive Engineer R&B, Mahabubnagar, Mahabubnagar[District.]31.The Executive Engineer P.R., Narasaraopeta, Guntur[District.]

32. The Executive Engineer P.R., Guntur, Guntur District.

33. The Asst. Pay and Accounts Officer, SRBC., Nandyal,[Kurnool][ District.]

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ, order or direction more particularly onein thenature of Writ of Mandamus declaring the action of the Respondentsinwithholding and deducting 0.25% of the gross bill amounts payable to thepetitionersbyreferringtoG.O.Ms.No.39 MA&UDDepartmentdated03.02.1999,G.O.Ms.No.61TR &BDepartment dated11.04.2000andG.O.Ms.No.159TR&BDepartmentdated30.10.2004,asillegalandunconstitutional and consequently direct the respondents[to][ refund]all theamountsillegally deducted from thebill amountsof thepetitioners andforbear the respondents from making any deductionsin future from out ofthe amounts payableto the petitioners for the works carried onby thepetitioners.

I.A. NO: 1 OF 2009(WPMP. NO: 6570 OF 2009)

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the writ petition, the High Court maybe pleased to direct the Respondents not to deduct any amounts from thebillamountspayabletothepetitionersreferringtoG.O.Ms.No.39MA& UD Department dated 03.02.1999, G.O.Ms.No.61 TR & B Departmentdated 11.04.2000 and G.O.Ms.No.159 TR &B Department[dated][ 30.10.2004]in respect of the works being carried out by the petitioners, pending disposalof the Writ Petition.

Counsel for the Petitioners: SRI P. VENKATA RAO

Counsel for the Respondent Nos.1,14,17, 21, 30: GP[FOR][ ROADS][ &]BUILDINGS

Counsel for the Respondent Nos.1 to 9 & 33: GP FOR FINANCEPLANNING

Counsel for the Respondent Nos.19 & 25

: GP FOR SOCIAL WELFARE

Counsel for the Respondent Nos. 10 to 13, 22, 23, 24, 28, 31, 32: GP FORPANCHAYAT RAJ & RURAL DEVELOPMENT

Counsel for the Respondent Nos.18, 20, 26 & 27: GP FOR IRRIGATION &COMMAND AREA DEVELOPMENT

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI

WRIT PETITION NO: 5022 of 2009

V. Satyanarayana Reddy and others

...Petitioners

Vs.

The Government of A.P. and others

...Respondents

**********

Advocate for petitionersAdvocate for respondents None LearnedGovernmentPleaderforPanchayat Raj and Rural Development CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKURSRI JUSTICE RAVI CHEEMALAPATI

DATE: 28th April 2025

PC:

None for the petitioners. Even on the eariier occasion,there was no representation for the petitioners.

dismissedfor non-prosecution. No2.Accordingly, this Writ Petitionis order as to costs.

Pending miscellaneous applications, if any, shall standclosed.

Sd/-SHAIKMOHDRAF^assistant REGtSTRAf^

//TRUE COPY//

SECTION OFFICER

To,

1. One CC toSri P. Venkata Rao, Advocate [OPUC]

2. Two CCs to GP for Roads & Buildings, High Court of[Andhra][ Pradesh.][OUT][OUT]

3. Two CCs to GP for Finance & Planning, High Court of[Andhra][ Pradesh.][OUT][OUT]

4. Two CCs to GP for Social Welfare, High Court of Andhra[Pradesh.][OUT][OUT]

5. Two CCs to GP for Panchayat Raj Rural Development, High Court ofAndhra Pradesh. [OUT]Andhra Pradesh. [OUT]

6. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]

7. Three C.D. Copies.

Cnr

HIGH COURT

DATED:28/04/2025

ORDER

WP.No.5022 of 2009

DISMISSING THE W.P. FOR NON-PROSECUTIONWITHOUT COSTS

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