APHCO-j 6350392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17868 OF 2025 Between: M/s Rithwik Projects Private Limited, Plot No.37 and 39, Navodaya Colony, Road No.2, Banjara Hills, Hyderabad, Rep. by its Authorized Signatory, T. Ravi Kristina, S/o T.S.N. Murthy ...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 St^te of Andhra Pradesh, Rep. by its Principal Secretary, Departmerpt, A.P. Secretariat, Velagapudi, Amaravati, 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 @ Madanapally, Anamayya District. 6. The Asdt Pay and Accounts Officer, Asst Pay and Accounts Office M.S.R Circle, Chitbor, Chittoor District. Finance ...Respondents 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 to issue an appropriate writ, order or direction more preferably a Writ in the nature of Mandamus declaring the action of the Respondents in deducting 1 percent 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-A 1/2008, dated 08- 06-2011 and the Rules made thereunder in Agreement No. 07 SE/2015-16, dated.31.12.2015 entered by the Superintending Engineer are contrary to the Common Order passed by this Hon ble Court in W.P.No.16156/2020 and batch, dated.20.9.2023 and consequently direct the respondents not to deduct the 1 percent labour cess amount in the Final Bills vide Executive Engineer s office Bill uploaded payable to the petitioner under the Agreement No. 07 SE/2015-16, dated.31.12.20 15 entered by the Superintending Engineer without including the same as required to be included in terms of the Memo No.636/Reforms-A 1/2008 dated 08-06-2011 and consequently direct the 1 St Respondent to consider the Letter No. CF7NTR- TGP/TPT/TS,n'2./HNSS Ph.l!/P-59A, dated. 16.10.2023 addressed by the Chief Engineer, Telugu Ganga Project, Tirupati to the 1 payment of Labour Cess to the petitioner. Respondent for lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be 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. 07 SE/2015-16, dated.31.12.20 15 entered by the Superintending Engineer and direct the Respondents to reimburse the 1% Labour Cess deducted from the bills submitted the petitioner forthwith pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI M SIVA KUMAR Counsel for the Respondents No.1,3 to 5: GP FOR IRRI AND CAD <• ■ ■ / ^ ^ Counsel for the Respondents No.2,6:GP FOR FINANCE PLANNING The Court made the following order: APHC010350392025 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: 17868/2025 Between: 1.M/S RITHWIK PROJECTS PRIVATE LIMITED,, PLOT NO.37 AND 39, NAVODAYA COLONY, BANJARA HILLS, HYDERABAD, AUTHORIZED SIGNATORY T.S.N. MURTHY ROAD N0.2, REP. BY ITS T. RAVI KRISHNA, S/0 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, (WATER RESOURCES DEPARTMENT) AMARAVATI, GUNTUR DISTRICT A.P. SECRETARIAT, VELAGAPUDI, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS FINANCE DEPARTMENT, AMARAVATI, PRINCIPAL SECRETARY, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3.THE CHIEF ENGINEER, TELUGU GANGA PROJECT, NTR, TIRUPATHI DISTRICT. 4.THE SUPERINTENDING ENGINEER, WATER RESOURCE DEPARTMENT, MADANAPALLI, ANAMAYYA DISTRICT. HNSS CIRCLE N0.3, 5.THE EXECUTIVE ENGINEER, AVR HNSS DIVISION-12 KUPPAM @ MADANAPALLY, ANAMAYYA DISTRICT. 6.THE ASST PAY AND ACCOUNTS OFFICER, ASST PAY AND ACCOUNTS OFFICE M.S.R CIRCLE, CHITTOR, 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 tomay be pleased to issue an Appropriate writ, order or direction more preferably a Writ in the nature of Mandamus declaring the action of the Respondents in deducting 1 percent 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-A 1/2008, dated 08-06-2011 and the Rules made thereunder in Agreement No. 07 SE/2015-16, dated.31.12.2015 entered by the Superintending Engineer are contrary to the Common Order passed by this Hon ble Court in W.P.No.16156/2020 and batch, dated.20.9.2023 and consequently direct the respondents not to deduct the 1 percent labour cess amount in the Final Bills vide Executive Engineer s office Bill uploaded payable to the petitioner under the Agreement No. 07 SE/2015-16, dated.31.12.20 15 entered by the Superintending Engineer without including the same as required to be included in terms of the Memo No.636/Reforms-A 1/2008 dated 08-06-2011 and consequently direct the 1 Respondent to consider the Letter No. CF7NTR- TGP/TPT/TS/T2/HNSS Ph.ll/P-59A, dated. 16.10.2023 addressed by the Chief Engineer, Telugu Ganga Project, Tirupati to the E Respondent for payment of Labour Cess to the petitioner and pass such lA 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 may be 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. 07 SE/2015-16. dated.31.12.20 15 entered Superintending Engineer and direct the Respondents to reimburse the 1% Labour Cess deducted from the bills submitted the petitioner forthwith pending disposal of the above Writ Petition and pass such by the 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.17868 OF 2025 qRDER: - 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 b^tch dated 20.09.2023. / / 3. Having peruse der passed by the learned Single Judge in WP No. 16156 of 2020 and batch d^ted 20.09.2023, and the facts in the present case, this Court is e said Common r\K u 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. ” 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. 4. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ass.stanTre"4Ta^r' //TRUE COPY// I ( SECTION OFFICER To 1- The Special Chief Secretary Department) A.P. Secretariat 2. The Principal Secretary, A.P. Secretariat, Velagapudi 3. The Chief Engineer 4. The Superintend! No.3, Madanapalli, 5. The Executive Engineer Anamayya District. 6. The Asst Pay Circle, Chittoor, State of Andhra Pradesh, (Water Resources ' Amaravali, Guntur District State of Andhra Pradesh Finance Department, Amaravatl, Guntur District. Telugu Ganga Project, NTR, Tirupathi District mg Engineer, Water Resource Anamayya District. Department, HNSS Circle . AVR HNSS Division-12 Kuppam @ Madanapally, and Accounts Officer, Asst Pay Chittoor District. 7. One CC to SRI. M SIVA KUMAR 8. Two CCs to and Accounts Office M.S.R Advocate fOPUCJ -. High Court of Andhra Pradesh GP FOR IRRi and cad [OUT] 9. Two CCs to Pradesh [OUT] 10. Two CD Copies OP FOR FINANCE PLANNING, High Court of Andhra nm HIGH COURT DATED:28/07/2025 ORDER WP NO. 17868 OF 2025 I 2 2 SEP 2025 A ^ . Current Section XilSPATC*^?.? DISPOSING OF THE WP WITHOUT COSTS