APHC010350452025 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: 17822/2025 Between: 1.R K HES KOYA(JV), PLOT NO.207, LUMBINI ENCLAVE, PANJAGUTTA, HYDERABAD, REP. BY ITS AUTHORISED SIGNATORY. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY (WATER RESOURCES DEPARTMENT), A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECERETARY FINANCE DEPARTEMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE CHIEF ENGINEER, TELUGU GANGA PROJECT, NTR, TIRUPATHI DISTRICT. 4.THE SUPERINTENDING ENGINEER, WATER RESOURCE DEPARTMENT, HNSS CIRCLE NO.3, MADANAPALLI ANAMAYYA DISTRICT. 5.THE EXECUTIVE ENGINEER, AVR HNSS DIVISION-12 KUPPAM @ MADANAPALLI ANAMAYYA DISTRICT. 6.THE ASST PAY AND ACCOUNTS OFFICER, ASST PAY AND ACCOUNTS OFFICE, M.S.R CIRCLE CHITTOR OFFICE, CHITTOR 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 1 percentage labour cess and not reimbursing the same to the petitioner, as illegal, arbitrary and in contravention of Memo No. 636/Reforms-A1/2008, dated 08-06-2011 and rules made thereunder in Agreement No. 08SE/2015-16, dated.4.1.2016 entered by the 3rd Respondent i.e., Superintending Engineer, Water Resources Department, HNSS Circle No.3, Madanapalle, Chittoor District and contrary to the Common Order passed by this Honble Court in W.P.No.16156/2020 and batch, dated.20.9.2023 and consequently direct the respondents to reimburse the 1 percentage Labour Cess amount to the petitioner in respect of the work under Agreement No.08SE/2015-16, dated.4.1.2016 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 1% Labour Cess amount to the petitioner forthwith in respect of Agreement No.08SE/2015-16, dated.4.1.2016 entered by the 3rd Respondent - Superintending Engineer, Water Resources Department, HNSS Circle No.3, Madanapalle, Chittoor District pending disposal 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 The Court made the following order: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.17822 OF 2025 ORDER: - 1. 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.” 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 112 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.17822 OF 2025 Date:28.07.2025 DR