G.Srihari Raju v. Government Of Andhra Pradesh, Rep.By Its Principal

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No. 7771 of 2011 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "To issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents and their subordinate in withholding and deducting 0.25% from the gross bill amounts payable to the petitioners works contract towards National Academy of Construction and Chief Minister Relief Fund as illegal, arbitrary, and unjust and consequently direct the respondents not to recover any amount from the bills payable to the petitioners for their works contract towards National Academy of Construction (NAC) and chief Minister Relief Fund (CMRF)."

When the matter is called, it is represented by the learned counsel for petitioners so also the learned Government Pleader that the issue in the present writ petition is squarely covered by the orders of this Court in W.P.No.1426 of 2012 and batch, dated 29-07-2015 and copy of the same is also placed on record.

Following the above said judgment and for the reasons recorded therein, the Writ Petition is also disposed of, in the following terms:

(a) If the petitioners filed proof to the effect that seignorage charges were deducted from their bills by the Departments concerned, under whom they have executed the contract works, no penalty shall be levied as per G.O.Ms.No.84, Industries & Commerce (MI) Department, dated 10.04.2007; and (b) If the petitioners failed to produce such proof, the respondents are entitled to recover seignorage charges along with one time penalty as envisaged in the aforesaid G.O.

Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. There shall be no order as to costs.

Office to annex copy of the order in W.P.No.1426 of 2012 and batch, dated 29-07-2015 with this order. ___________________ A.V. SESHA SAI, J January 02, 2017 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.7771 of 2011 January 02, 2017 Pn