APHC010339312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17398/2025 Between: 1. SREE JAYA K SIVA RAO, JV, 8-3-669/10/5, PLOT NO.792, M, M.P.C.H SOCIETY, J.P. NAGAR, YELLAREDDYGUDA, HYDERABAD REP BY ITS MANAGING PARTNER K. SIVA RAO, S/O. LATE KUTUMBA RAO ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY. IRRIGATION AND CAD DEPARTMENT, (WATER RESOURCES DEPARTMENT) A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, HNSS CIRCLE-ILL, MADANAPALLE. CHITTOOR DISTRICT 2 4. THE EXECUTIVE ENGINEER, AVR HNSS DIVISION NO.12 KUPPAM, CHITTOOR 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 an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring the action of the Respondents in deducting 1percent labour cess in the Final Bills vide Executive Engineer's office Bills uploaded at the instance of the other Respondents, as illegal, arbitrary and in contravention of Memo No. 636/Reforms- A1/2008, dated 08-06-2011 and in contravention of Building and other Construction Workers Welfare Cess Act, 1996 and the Rules made there under in Agreement No.SHE.1/EPC/2006-07, dated 30.11.2006 entered by the Superintending Engineer, HNSS Circle No.III, Madanapalle, and contrary to the Common Order passed by this Hon'ble Court in W.P.No.16156/2020and batch, dated.20.9.2023 and consequently direct the respondents not to deduct the 1percent labour cess amount in the Final Bills vide Executive Engineer's office Bill uploaded payable to the petitioner under the Agreement No.SHE.1/EPC/2006-07, dated 30.11.2006 entered by the Superintending Engineer, HNSS Circle No.III, Madanapalle without including the same as required to be included in terms of the Memo No.636/Reforms-A1/2008 dated 08-06-2011 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 not to deduct 1% labour cess amount without adding the same in the Final Bills vide Executive Engineer’s office vide bills uploaded of the petitioner under the Agreement No.SHE.I/EPC/2006-07, dated 30.11.2006 entered by the 3 Superintending Engineer, HNSS Circle No.lll, Madanapalle, pending dispose of the above Writ Petition and pass Counsel for the Petitioner: 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 4 The Court made the following order: Heard Sri M.Siva Kumar, 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.” 5 4. In view of the above, this writ petition 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 Dt.01.08.2025 DSB 6 208 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WP No.17398 of 2025 Date:28.07.2025 DSB