1 APHC010384002020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25615/2020 Between: 1. M/S. RAGHURAM HUME PIPES PVT., LTD.,, REP.BY. ITS DIRECTOR,VELAGAPUDI RAGHU VEERA PRATAP S/O. LAKSHMANA RAO, HINDU AGED ABOUT 40 YEARS, OCCU BUSINESS, R/O. D.NO.3-30-10/A, FLAT NO.18, SINDHURI APARTMENTS, NALANDA NAGAR, RING ROAD, GUNTUR-522006. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT AT VELAGAPUDI, AMARAVTHI, GUNTUR DISTRICT 2. A P STATE IRRIGATION DEVELOPMENT CORPORATION LTD, REP BY ITS JOINT MANAGING DIRECTOR, AMMAN ESTATES, 3RD FLOOR, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, A.P STATE IRRIGATION DEVELOPMENT CORPORATION LTD, KADAPA, YSR KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, A.P STATE IRRIGATION DEVELOPMENT CORPORATION LTD ONGOLE, PRAKASAM DISTRICT. 5. THE PAY AND ACCOUNTS OFFICER, 0/O THE PAY AND ACCOUNTS OFFICE, WORKS ACCOUNTS, VIJAYAWADA, KRISHNA 2 DISTRICT 6. THE SECRETARY, 0/O. AP BUILDINGS AND OTHER CONSTRUCTION WORKERS AND WELFARE BOARD, SEETHARAMAPURAM , VIJAYAWADA. ...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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in deducting the labour cess @ 1percentage on the bid value from the bills payable to the petitioner's company as illegal, arbitrary and violation of principles of natural justice and in contravention of the Memo No 636/reforms-A1/2008 dated 08-06-2011 and also in contravention of the Agreement No. 18/2017-18 dated 05-03-2018 in respect of construction and commissioning of Velamavari Palem Lift Irrigation Scheme On Gundlakamma River In Ballikurava Mandal Of Prakasam District on turn-key basis and maintenance of the scheme for two years, and consequently direct the respondents not to deduct the labour cess from the bills payable to the petitioner in the interest of Justice and pass IA NO: 1 OF 2020 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 the labour cess from the bills payable to the petitioner company in respect of the Agreement No. 18/2017- 18 dated 05-03-2018 in respect of construction and commissioning of Velamavari Palem Lift Irrigation Scheme On Gundlakamma River In Ballikurava Mandal Of Prakasam District on turn-key basis and maintenance of the scheme for two years pending disposal of the writ petition and to pass IA NO: 1 OF 2023 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 grant Leave for filing of the Counter Affidavit in the instant WP and pass Counsel for the Petitioner: 3 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. V RAJA MANOHAR 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate 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 @ 1percentage on the bid value from the bills payable to the petitioner's company as illegal, arbitrary and violation of principles of natural justice and in contravention of the Memo No 636/reforms-A1/2008 dated 08-06-2011 and also in contravention of the Agreement No. 18/2017-18 dated 05-03-2018 in respect of construction and commissioning of Velamavari Palem Lift Irrigation Scheme On Gundlakamma River In Ballikurava Mandal Of Prakasam District on turn- key basis and maintenance of the scheme for two years, and consequently direct the respondents not to deduct the labour cess from the bills payable to the petitioner in the interest of Justice and pass….” 2. Heard Sri Ch. B.R.P. Sekhar, learned counsel for the Writ Petitioner and learned Assistant Government Pleader for Irrigation. 3. 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 W.P.No.16156 of 2020 and batch dated 20.09.2023. 4. 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 extracted hereunder: “16. Therefore, the writ petitions are disposed of with the following directions: 5 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. In view of the above extract, this case is also disposed of on the basis of the operative portion of the Common Order passed by the learned Single Judge in W.P.No.16156 of 2020 and batch dated 20.09.2023. 6. Registry is directed to attach the copy of the order, dated 20.09.2023 passed by this Court in W.P.No.16156 of 2020 and batch to this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :16.09.2025. Gss