APHC010255222019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11470/2019 Between: T. Venkateswara Prasad ...PETITIONER AND The State Of A.P., and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N SUBBA RAO Counsel for the Respondent(S): 1. GP FOR GENERAL ADMINISTRATION (AP) 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 THE HON’BLE SRI JUTICE NYAPATHY VIJAY WRIT PETITION No.11470 of 2019 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in deducting the Labour Cess @ 1% of the bills payable to the Petitioner in contravention of Memo No.636/Reforms- A1/2008, dated 08.06.2011 and the action of the Respondents in deducting labour cess though the same was not form part of the bid value in respect of providing Water Supply to the proposed layout from 31.5 mdl. W.T.P at Mangalam including laying of 400 mm dia Class 15 AC gravity main and 315/250/160 mm dia HDPE Distribution Lines and consruction of ELSR etc., at Damineedu in Tirupathi Municipal Corporation Area, Chittoor District. 2. At the time of hearing Sri N. Subba Rao, learned Senior Counsel for the Petitioner submits that the issue involved in this Writ Petition is squarely covered by the Order of this Court passed in Writ Petition No.16156 of 2020 & batch, dated 20.09.2023 and similar orders be passed in this Writ Petition. The learned Government Pleader for Municipal Administration & Urban Development also agrees for the same. 3. In view of the submissions made, this Writ Petition is disposed of in terms of the Order in Writ Petition No.16156 of 2020 & batch, dated 20.09.2023, with the following directions: i) The Respondents shall verify the bills of the Petitioner 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; 3 ii) Upon verification, if the Respondents found that the corresponding amount is not included in the estimates, the Respondents shall not take steps to deduct the amount/recover the amount from the Petitioner towards Labour Cess. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. The Registry is directed to attach a copy of the Order passed in W.P.No.16156 of 2020 & batch, dated 20.09.2023 to this Order. __________________ NYAPATHY VIJAY, J Date: 21.03.2025 IS 4 THE HON’BLE SRI JUTICE NYAPATHY VIJAY WRIT PETITION No.11470 of 2019 Date: 21.03.2025 IS