Nagaijuna Construction Company Ltd, v. Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CONTEMPT CASE NO.1684 OF 2014 DATED 03RD NOVEMBER, 2015 Between:

Nagarjuna Construction company Ltd. .. Petitioner and Principal Secretary, Finance & Planning (Works & Projects) Department, Govt. of A.P. and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE NO.1684 OF 2014

O R D E R

This Contempt Case was instituted alleging willful disobedience to the order dated 29.12.2009 passed by this Court in W.P.No.28415 of 2009. By the said order, the respondents were directed not to deduct any amount towards 1% cess unless the corresponding amount was included in the estimate.

The grievance of the petitioner company was that a sum of Rs.3,40,100/- had been deducted towards cess while making payment under the bill dated 07.03.2012. It appears that the said deduction was effected by the Pay and Accounts Officer concerned, who was in office at that point of time, but he is stated to have demitted office thereafter upon attaining the age of superannuation. After the filing of this Contempt Case, it appears that the respondents herein realized the mistake committed by the then Pay and Accounts Officer and remitted the deducted amount to the petitioner company.

In that view of the matter, as none of the respondents herein are actually responsible for the deduction effected in the year 2012 and as they have done the needful to rectify the wrong committed at that point of time, this Contempt Case is closed. No order as to costs. ______________________ SANJAY KUMAR, J 03RD NOVEMBER, 2015 Svv