HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11239 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. 1. Learned counsel for the petitioner is permitted to implead the Deputy Labour Commissioner and Labour Cess Officer, Chitrakoot Dham, Chitrakoot as a party in the present case during the course of the day. 2. Heard Sri Ranjeet Singh, learned counsel for the petitioner; learned Standing Counsel for the State-respondent, Sri Umesh Chandra Kesarwani, learned counsel appearing for the respondent nos. 3 and 4 and Sri Sant Ram Sharma, learned counsel appearing for the respondent no. 2. 3. The present writ petition has been filed challenging the order dated 24.01.2025 passed under Section 5 Building and other Construction Workers Welfare Cess Act, 1996 (hereinafter referred to as the "Act"). 4. Contention of the learned counsel for the petitioner is that the development plan submitted by the petitioner was approved and it could not have been approved without deposit of the labour cess. Therefore, the said proceedings under the aforesaid provisions of Act is not sustainable. 5. On the other hand, Sri Umesh Chandra Kesarwani, learned counsel appearing for the respondent nos. 3 and 4 has stated that the developer did not furnish the receipt of payment of cess pursuant to the notice issued under Section 4 of the Act. Therefore, the assessment of the cess has been made under Section 5 of the Act by the order under challenge. 6. Having heard the learned counsel for the parties and perused the record, Versus Counsel for Petitioner(s) : Ranjeet Singh Counsel for Respondent(s) : C.S.C., Sant Ram Sharma, Umesh Chandra Kesarwani Anil Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the present writ petition is disposed of permitting the petitioner to submit a fresh representation ventilating all his grievance and annexing all the relevant papers and documents before the respondent no. 5 Deputy Labour Commissioner, Chitrakoot Dham, Chitrakoot, within a period of three weeks from today alongwith the certified copy of this order. If such representation is moved within a period of three weeks, the same shall be looked into after hearing of all the concerned parties and shall be decided within a period of four weeks. October 15, 2025 M.S. Ansari WRIC No. 11239 of 2025 2 (Arun Kumar,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad