APHC010243852010 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22358/2010 Between: 1. M/S. MRKR CONSTRUCTION PVT.LTD.,, REP BT Y ITS MANAGING DIRECTOR 8-2-268/1/DA, PLOT NO. 7, AURORA COLONY ROAD NO. 3, BANJARA HILLS, HYDERABAD 1. GOVT OF ANDHRA PRADESH REP BY, THE PRINCIPAL SECRETARY FINANCE AND PLANNING ( WORKS A.P.SECRETARIAT, SAIFABAD, HYDERABAD 2. THE PRINCIPAL SECRETARY, I & CAD DEPARTMENT A.P. SECRETARIAT, SAIFABAD HYDERABAD 3. THE ENGINEERINCHIEF, I & CAD, ERRUMANZIL HYDERABAD 4. THE SUPERINTENDING ENGINEET, IRRIGATION CIRCLE,. CHITTOOR CHITTOOR DISTRICT 5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, KADAP KADAPA 6. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, TIRUPATHI CHITTOOR DISTRICT 7. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION KADAPA Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22358/2010 M/S. MRKR CONSTRUCTION PVT.LTD.,, REP BT Y ITS MANAGING 268/1/DA, PLOT NO. 7, AURORA COLONY ROAD NO. 3, BANJARA HILLS, HYDERABAD ...PETITIONER AND GOVT OF ANDHRA PRADESH REP BY, THE PRINCIPAL SECRETARY FINANCE AND PLANNING ( WORKS A.P.SECRETARIAT, SAIFABAD, HYDERABAD THE PRINCIPAL SECRETARY, I & CAD DEPARTMENT A.P. SECRETARIAT, SAIFABAD HYDERABAD THE ENGINEERINCHIEF, I & CAD, ERRUMANZIL HYDERABAD THE SUPERINTENDING ENGINEET, IRRIGATION CIRCLE,. HITTOOR DISTRICT THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, KADAP THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, TIRUPATHI CHITTOOR DISTRICT THE EXECUTIVE ENGINEER, IRRIGATION DIVISION KADAPA ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be IN THE HIGH COURT OF ANDHRA PRADESH [3333] ELEVENTH DAY OF AUGUST THE HONOURABLE SMT JUSTICE V.SUJATHA M/S. MRKR CONSTRUCTION PVT.LTD.,, REP BT Y ITS MANAGING 268/1/DA, PLOT NO. 7, AURORA COLONY ROAD ...PETITIONER GOVT OF ANDHRA PRADESH REP BY, THE PRINCIPAL & POJECTS ) THE PRINCIPAL SECRETARY, I & CAD DEPARTMENT A.P. THE ENGINEERINCHIEF, I & CAD, ERRUMANZIL HYDERABAD THE SUPERINTENDING ENGINEET, IRRIGATION CIRCLE,. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, KADAP THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, TIRUPATHI THE EXECUTIVE ENGINEER, IRRIGATION DIVISION KADAPA ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 pleased toto issue an appropriate Writ, Order or Direction more particularly a direction a direction in the nature of Writ of mandamus declaring the action of the 5th and 6th Respondents in deducting an amount equivalent to 1% from the gross bills of the petitioner towards labour cess under Agreement No. 72SE/2008-09 dt. 02-03-2009 for a value Rs. 10,33,28,752/- in respect of " Formation of new Tank across Rallakalava Near Vethalathaduku Village, Narayanavanam Mandal of Chittoor District ' being executed under the direct supervision of 3 and 5th Respondents and under Agreement bearing No. 33SE/2009-10 for an initial Valuse of Rs. 6,14,11,914 in respect of " Reconstruction of existing washed facility to Kamalakur tank and other tanks in Atloor Mandal of Kadapa District under the supervision of 4th and 6th Respondents more particularly in view of Instruction No. 5.1 of Instructions to Bidders as arbitrary, illegal and without any authority and consequently direct the 5th and 6th Respondents to refund the excess amount deducted towards labour cess to the Petitioner IA NO: 1 OF 2010(WPMP 28494 OF 2010 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 5th and 6th Respondent not to deduct an amount equivalent to 1% towards labour cess on the gross value fo the running bills from the work now being executed by the Petitioner under Agreement No. 72SE/2008-09 dt. 02- 03-2009 for a value Rs. 10,33,28,752/- in respect of " Formation of new Tank across Rallakalava Near Vethalathaduku Village, Narayanavanam Mandal of Chittoor District ' being executed under the direct supervision of 3 and 5th Respondents and under Agreement bearing No. 33SE/2009-10 for an initial Values of Rs. 6,14,11,914 in respect of " Reconstruction of existing washed away anicut acroos Sagileru river near kamalakur Village to provide irrigation facility to Kamalakur tank and other tanks in Atloor Mandal of Kadapa District under the supervision of 4th and 6th Respondents Counsel for the Petitioner: 1. PRASAD RAO VEMULAPALLI Counsel for the Respondent(S): 1. GP FOR ROADS & BUILDINGS 2. GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following Order: The present Writ Petition was filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue an appropriate writ, order or direction more particularly a direction a direction in the nature of Writ of mandamus declaring the action of the 5th and 6th Respondents in deducting an amount equivalent to 1% from the gross bills of the petitioner towards labour cess under Agreement No.72SE/2008-09 dated 02.03.2009 for a value Rs.10,33,28,752/- in respect of “Formation of new Tank across Rallakalava near Vethalathaduku Village, Narayanavanam Mandal of Chittoor District” being executed under the direct supervision of 3 and 5th Respondents and under Agreement bearing No.33SE/2009-10 for an initial Value of Rs.6,14,11,914/- in respect of “Reconstruction of existing washed away anicut across Sagileru river near Kamalakur Vilage to provide irrigation facility to Kamalakur tank and other tanks in Atloor Mandal of Kadapa District under the supervision of 4th and 6th Respondents more particularly in view of Instruction No.5.1 of Instructions to Bidders as arbitrary, illegal and without any authority and consequently direct the 5th and 6th Respondents to refund the excess amount deducted towards labour cess to the Petitioner and to pass such other order or orders ….” 2. During hearing, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation representing the respondents submitted that the issue involved in this petition is squarely covered by the order of this Court in Writ Petition No.16156 of 2020 & batch, dated 20.09.2023. 3. In view of the above said submissions of both the learned counsel, this petition is disposed of in terms of the said order dated 20.09.2023 passed in W.P.No.16156 of 2020, with the following directions: a. The respondents shall verify the bills of the petitioners and if the corresponding amount is included in the 4 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. 4. The Registry is directed to attach a copy of the order in W.P.No.16156 of 2020 dated 20.09.2023, to this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 11.08.2025 MDP