M/S Datta Sai Constructions, v. The Government Of A.P., Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.20441 OF 2012 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue a Writ, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not including the 5% towards VAT in respect of the contract works allotted to the petitioner and payments made after issuance of G.O. dated 13.09.2011 by revising the estimates as per the G.O.Ms.No.1718 dated 13.09.2011 as highly arbitrary, illegal, discriminatory apart from violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to include the 5% towards VAT in the work entrusted to the petitioner and for all the payments made after the date of issuance of G.O. dated 13.09.2011 and also to release the amounts which were already recovered in this regard to the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. During the course of hearing, it is represented by the learned counsel for the petitioner so also learned Government Pleader that the issue involved in the present writ petition is squarely covered by the orders of this Court in Writ Petition No.34569 of 2012 dated 06.11.2012.

3. In view of the above submission, this Writ Petition is disposed of in terms of order dated 06.11.2012 in W.P.No.34569 of 2012 with the direction that the reasons and directions contained therein shall form part of this order.

4. As a sequel to disposal of the Writ Petition, Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

__________________ A.V.SESHA SAI, J

17th November, 2015 SS