APHC010321522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16446/2025 Between: 1.SRI AVANTIKA SAI VENKATA(JV) ENGINEERING CONTRACTORS, REP, BY ITS AUTHORIZED SIGNATORY, MR. A. SRIRAMULU, 3-547, LAKSHMIPURAM, SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE CHIEF ENGINEER, POLAVARAM IRRIGATION PROJECT, DOWALESWARAM, EAST GODAVARI DISTRICT 3.THE SUPERINTENDENT ENGINEER, PIPHW CIRCLE, DOWALESWARAM, EAST GODAVARI DISTRICT 4.THE EXECUTIVE ENGINEER, PIPHW DIVISION-6, SEETHANAGARAM, EAST GODAVARI DISTRICT ...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 pleased topleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in deducting the Labour Cess @1 percentage of the bills paid as illegal, arbitrary, unconstitutional, in contravention of Memo No.636/Reforms- A1/2008, dt.8.6.2011 and also in contravention of Building and other Construction Workers Welfare Cess Act, 1996 and Rules made thereunder and contrary to the orders passed by this Honble Court in W.P.No. 11269/2009, W.P.No. 10075/2024, W.P.No.23220/2021 and W,P.No.29588/2023 with respect of the work Package No.66 for investigation, soil exploration, preparation of designs, drawings and detailed estimate of construction of navigation tunnel of about 890M long, saddle dam KL and offtake-regulator including its connectivitys of Indira Sagar Project (Polavaram Project) vide Agreement No.66/2004- 05, dt.14.3.2005 and consequehtly direct the Respondents to reimburse the amount deducted from Petitioner bills towards Labour Cess and further direct the Respondents not to deduct the Labour Cess from the bills payable to the Petitioner in respect of the work Package No.66 for investigation, soil exploration, preparation of designs, drawings and detailed estimate of construction of navigation tunnel of about 890M long, saddle dam KL and off take-regulator including its connectivitys of Indira Sagar Project (Polavaram Project) vide Agreement No.66/2004-05, dt. 14.3.2005 and pass IA NO: 1 OF 2025 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 pleased to direct the Respondents to reimburse the amount deducted from the Petitioner bills towards labour cess / not to deduct the labour cess from the bills payable to the Petitioner in respect of the work i.e. Package No.66 for investigation, soil exploration, preparation of designs, drawings and detailed estimate of construction of navigation tunnel of about 890M long, saddle dam "KL” and off take-regulator including its connectivity’s of Indira Sagar Project (Polavaram Project)” vide Agreement No.66/2004-05, dt.14.3.2005 and pas Counsel for the Petitioner: 1.G RAMESH BABU Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.16446 OF 2025 ORDER: - 1. Heard Sri G. Ramesh Babu, Counsel for the Writ Petitioner and learned Assistant Government Pleader for Irrigation. 2. Learned Counsel for the Writ Petitioner submits that this case is squarely covered by a Common Order passed by the learned Single Judge of this Court in WP No.16156 of 2020 and batch dated 20.09.2023. 3. Having perused the said Common Order passed by the learned Single Judge in WP 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.” 4. 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. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 28.07.2025 DR 157 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.16446 OF 2025 Date:28.07.2025 DR