\' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 5927 OF 909*; Between: Bommineni Ramanjaneyulu, S/o. Venkata Narasimha years, Special Class Contractor, D.No.5-349, Mandal, Ongole -523002, Prakasam District, A.P. Rao, Aged about 61 NGO Colony, S.N.Padu ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Velagapudi, Guntur District, A.P. 2. The Engineer-in-Chief, Rural Water Supply and Sanitation Department Vasudha Shelters, 5'^ Floor, C Block, Near LIC Colony, Saipuram Colony, Gollapudi, Vijayawada -521 225. 3. The Chief Engineer-ll, Rural Water Supply and Sanitation Department, Vasudha Shelters, Floor, C Block, Near LIC Colony, Saipuram Colony, Gollapudi, Vijayawada -521 225. 4. The Superintending Engineer, Rural Water Supply and Sanitation Circle, Ananthapuramu, A.P. 5. The Executive Engineer, Rural water supply and sanitation Division, Ananthapuramu, A.P. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction may more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 4 and r nature of Writ of Mandamus declaring the action of the 5 in deducting the labour cess @ 1% of the bills respondents 4 and paid at the instance of respondents 1 to 3 as illegal, arbitrary and in contravention of Memo No. 636/Reforms-A1/2008 dated 08-06-2011 and other Construction Workers' Welfare Cess and in contravention of Building - Act 1996 and the Rules made there under Agreement /AEE1/JJM/Uravakonda/2154.80L/2023 Dt.. .2023 in respect of Mandal Wise Packing of works for 'Providing drinking needy habitations through lOOpercent FHTCs in 27 habitations of Uravakonda in No. water facilities to all the with 55 LPCD service level Mandal Ananthapuram District consequently to direct the respondents not to deduct the the bills payable to the and labourcess from petitioner in Agreement No. /AEE1 /JJ . .2023 without including the M/U ravakonda/2154.80L/2023 Dt. same as in terms of the Memo No. 636/Reforms-A 1/2008 required to be included i dated 08-06-2011. lA NO: 1 OF Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to deduct the labour cess from the bills of the petitioner /AEE1/JJM/Uravakonda/2154.80L/2023 wise Packing of works for Agreement in No. Dt. ■ .2023 in respect of Mandal Providing drinking water facilities n w u u needy habitations through 100% FHTCs with 55 LPCD service level in 27 habitations of Uravakonda Mandal Ananthapuram District pending dispose of the above Writ Petition Counsel for the Petitioner: SRI P. Counsel for the Respondent Nos.1 L. NARASIMHA RAO to 5; GP FOR PANCHAYAT RAJ AND rural development The Court made the following: ORDER 1 APHC010112172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5927 OF 2025 Between: 1.BOMMINENI RAMAN JAN EYULU, S/0. VENKATA NARASIMHA RAO, AGED ABOUT 61 YEARS, SPECIAL CLASS CONTRACTOR, D.N0.5- 349, NGO COLONY, S.N.PADU MANDAL, PRAKASAM DISTRICT, A.P. ONGOLE -523002, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARY DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2.THE ENGINEERINCHIEF, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, VASUDHA SHELTERS, 5TH FLOOR, C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA-521 225. 3.THE CHIEF ENGINEERLL, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, VASUDHA SHELTERS, 1ST FLOOR, C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA -521 225. 4.THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION CIRCLE, ANANTHAPURAMU, A.P. 5.THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND 2 SANITATION DIVISION, ANANTHAPURAMU, A.P. > ...RESPONDENT(S): Counsel for the Petitioner; 1.P L NARASIMHA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORAL ORDER: Heard Sri P.L. Narasimha Rao, Ld. Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Panchayat Raj & Rural Development. Ld. Counsel for the Writ Petitioner submits that this case is squarely covered by a Common Order passed by the Ld. Single Judge of this Court in W.P. No.16156 of 2020 and batch dated 20.09.2023. 2. 3. Having perused the said Common Order passed by the Ld. Single Judge in W.P. No.16156 of 2020 and batch dated 20.09.2023, and the facts in the present case, this Court is of the view that the present case is squarely covered by the said Common Order. The operative portion of the Common Order is usefully extracted hereunder; “16. Therefore, the writ petitions are disposed of with the following directions: a. The respondents shall verify the bills of the petitioners and if the corresponding amount is included in the estimates, the respondents can deduct amount as prescribed at the rate of 1% towards Labour Cess, b. Upon verification, if the respondents found that the corresponding amount is not included in the estimates, the respondent shall not take steps to deduct the amount/recover the amount from the petitioners towards Labour Cess. ” ■ 3 In view of the above extract, this case is disposed of on the basis of the operative portion of the Common Order passed by the Ld. Single Judge in W.P. No.16156 of 2020 and batch dated 20.09.2023. No order as to costs. 4. 5. Interlocutory Applications, if any, stand closed in terms of this order. / Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER i To, The Principal Secretary Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, A.P. The Engineer-in-Chief, Rural Water Supply and Sanitation Department, Vasudha Shelters, 5*^ Floor, C Block, Near LIC Colony, Saipuram Colony, Gollapudi, Vijayawada -521 225. The Chief Engineer-ll, Rural Water Supply and Sanitation Department, Vasu<!liii Srtfeltefs, 1st Floor, C Block, Near LIC Colony, Saipuram Colony, Gollapudi, Vijayawada -521 225. The Superintending Engineer, Rural Water Supply and Sanitation Circle, Ananthapuramu, A.P. The Executive Engineer, Rural Water Supply and Sanitation Division, Ananthapuramu, A.P. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. ssb f HIGH COURT DATED: 19/06/2025 ORDER WP.No.5927 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS