1 APHC010391782019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18796/2019 Between: 1. CH. MURALI MOHAN RAO,, S/O ARJUN RAO HINDU AGED ABOUT 60 YEARS, OCCU- CONTRACTOR, R/O FLAT NO 304, SAI KALYANI RESIDENCY, SRINIVASANAGAR, VIJAYAWADA-520008 ...PETITIONER AND 1. A P STATE IRRIGATION DEVELOPMENT CORPORATION LTD, REP BY ITS JOINT MANAGING DIRECTOR, AMMANA ESTATES, 3RD FLOOR, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDING ENGINEER, AP STATE IRRIGATION DEVELOPMENT CORPORATION LTD GUNTUR. 3. THE EXECUTIVE ENGINEER, APSIDCL, VIJAYAWADA, KRISHNA DISTRICT. 4. THE PAY AND ACCOUNTS OFFICER, 0/O THE PAY AND ACCOUNTS OFFICE, WORKS ACCOUNTS, VIJAYAWADA, KRISHNA 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 to 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 @ 1 percent on the bid value from the bills 2 payable to the petitioner 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 78/2016-17 dated 19-09-2016 in respect of work of revival of Annavaram-I Lift irrigation Scheme on Paleru River in Jaggayyapet Mandal of Krishna District though the same was not form part of the bid value 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 2019 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 to direct the respondents not to deduct the labour cess from the bills payable to the petitioner in respect of the agreement No 78/2016-17 dated 19-09-2016 in respect of work of revival of Annavaram-I Lift irrigation Scheme on Paleru River in Jaggayyapet Mandal of Krishna District pending disposal of the writ petition and to 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 to implead 'The state of Andhra Pradesh, Rep by its Principal secretary Irrigation department At Velagapudi, Amaravathi, Guntur District' as Respondent No.6 in the writ petition in the interest of justice. Counsel for the Petitioner: 1. Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. V RAJA MANOHAR (SC FOR APSIDC) The Court made the following: 3 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 @ 1 percent on the bid value from the bills payable to the petitioner 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 78/2016- 17 dated 19-09-2016 in respect of work of revival of Annavaram-I Lift irrigation Scheme on Paleru River in Jaggayyapet Mandal of Krishna District though the same was not form part of the bid value 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: a. The respondents shall verify the bills of the petitioners and if the corresponding amount is included in the estimates, the 4 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 :09.09.2025. Gss