1 APHC010418052009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9249/2009 Between: 1. A.SIVA NAGI REDDY,, S/O. VENKAT REDDY, CONTRACTOR, R/O. 412, GOLDENT HOMES, KRISHNA NAGAR, GUNTUR, 2. V.JAYARAM,, S/O. PARDHASARADHI, CONTRACTOR, R/O. VASI REDDY VARI STREET, NEAR CHINARAVARAPU PARK, TENALI, 3. T.BHASKAR RAO,, S/O. SAIDULU, CONTRACTOR, R/O. 402, GOLDEN HOMES, KRISHNA NAGAR, GUNTUR. 4. V.S.ENGINEERING (P) LTD., REP BY A.RAJESHWARA RAO,, S/O. PRASAD RAO, CONTRACTOR, R/O. 109, AMRUTHAVILLE, RAJ BHAVAN ROAD, SOMAJIGUDA, HYDERABAD. 5. GUNTTUPALLY VENKATA RAO,, S/O. SAMSIVA RAO, CONTRCTOR, R/O. SWARNA APARTMENTS, GADDIPATI VARI STREET, ITHANAGAR, THENALI, GUNTUR DISTRICT. 6. K.BHUCHAIAH,, S/O. BOLLAIAH, CONTRACTOR, R/O. KALYANI ROAD, CHANDRA MOLI NAGAR. 7. VUNNAM NARASIMHA RAO,, S/O. VISWANADHAM, R/O. CONTRCTOR, JANAPADU VILLAGE, PIDUGURALLA, MANDAL GUNTUR DISTRICT. 8. UNIVERSAL CONSTRUCTIONS, REP BY ITS MANAGING PARTNER K.DHANUNJAYA RAO, CONTRCTOR, R/O. SAI MANSION, 5TH LINE, BRUNDAVAN GARDEN, GUNTUR DISTRICT. 9. MARUTHI CONSTRUCTIONS REP BY ITS MANAGING PARTNER, D.NAGESWARA PRASAD, S/O. BEEMAIAH, R/O. 54-14/1-9/5 2 BHARATHI NAGAR, VIJAYAWADA. 10. BHAGAM CONSTRUCTIONS,, REP BY ITS DIRECTOR B.TIRIVIKRAM, S/O. RADHA KRISHNA MURTHY, R/O. 54-14/1-9/5, BHARATHY NAGAR, VIJAYAWADA. 11. SRI CHITANYA CONSTRUCTIONS, REP BY ITS MANAGING PARTNR, K.RAVINDARA BABU, S/O. RAGAVAIAH, R/O. 302, 6/2 CHANDRA MOULI NAGAR GUNTUR. 12. T.CH.SAMBHA SIVA RAO,, S/O. SURAIAH, CONTRACTOR, MAIN ROAD, KORITEPADU, GUNTUR. 13. SRI VENKATEWARA BALAJI CONSTRUCTIONS,, REP BY ITS M.PARTNER D.SUBBA RAO, CONTRACTOR, S/O. SATYA NARAYANA, BUTCHI REDDY PALEM NELLORE. 14. K.VENKATESWARLU,, S/O. VENKATAIAH, FLAT NO.6, SAI KRISHNA RESIDENCY, OCC: CONTRACTOR, R/O. VIDYA NAGAR, GUNTUR. ...PETITIONER(S) AND 1. THE GOVERNMENT OF A P, REP BY ITS PRINCIPAL SECRETARY, I & CAD DEPT., SECRETARIAT, HYDERABAD. 2. THE GOVERNMENT OF A P REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS, SECRETARIAT, HYDERABAD. 3. THE GOVERNMENT OF A P REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPT, SECRETARIAT, HYDERABAD. 4. THE GOVERNMENT OF A P, REP BY ITS PRINCIPAL SECRETARY, FINANDE (WORKS & PROJECTS), DEPARTMENT SECRETARIAT, ERRAMANZIL, HYDERABAD. 5. THE ENGINEERINCHIEF ROADS BUILDINGS, ERRAMANZIL, HYDERABAD. 6. THE ENGINEERINCHIEF R B, ADMINISTRATION AND NATIONAL HIGHWAYS, ERRAMANZIL, HYDERABAD. 3 7. THE ENGINERINCHIEF R B, ERRAMANZIL, HYDERABAD. 8. THE ENGINEER CHIEF R B HUDCO, ERRAMANZIL, HYDERABAD. 9. THE CHIEF ENGINEER, R & B, NABARD, HYDERABAD. 10. THE CHIEF ENGINEER P R, ERRAMANZIL, HYDERABAD. 11. THE SUPERINTENDING ENGINEER R B, GUNTUR, GUNTUR DISTRICT. 12. THE SUPERITENDING ENGINEER P R, GUNTUR, GUNTUR DISTRICT, 13. THE SUPERINTENDING ENGINEER R B, NH CIRCLE, VIJAYWADA. 14. THE SUPERINTENDING ENGINEER, (R & B), CIRLCE, VIJAYAWADA. 15. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ,ELURU, W.G.DISTRICT. 16. THE SUPERINTENDING ENGINEER, I & CAD CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. 17. THE ASST PAY AND ACCOUNTS OFFICER, TALUGU GANGA PROJECT, NELLORE, 18. THE PAY AND ACCOUNTS OFFICER N S P, ONGOLE PRAKASAM DISTRICT. 19. THE REGIONAL PAY AND ACCOUNTS OFFICER, N.H.S., BANGLORE. 20. THE PAY AND ACCOUNTS OFFICER, GOVERNMENT, VIJAYAWADA. 21. THE PAY AND ACCOUNTS OFFICER WP, GUNTUR, GUNTUR DISTRICT. 22. THE PAY AND ACCOUNTS OFFICER WP, LINGAMGUNTLA, GUNTUR DISTRICT. 23. THE EXECUTIVE ENGINEER R B, TENALI, GUNTUR DISTRICT. 24. THE EXECUTIVE ENGINEER, I & CAD, KE DIVISION, VIJAYWADA, 4 KRISHNA DISTRICT. 25. THE EXECUTIVE ENGINEER R B, NARSARAOPET, GUNTUR DISTRICT. 26. THE EXECUTIVE ENGINEER R B, GUNTUR, GUNTUR DISTRICT, 27. THE EXECUTIVE ENGINEER P R, NARSARAOPET, GUNTUR DISTRICT. 28. THE EXECUTIVE ENGINEER P R, GUNTUR, GUNTUR DISTRICT. 29. THE EXECUTIVE ENGINEER IRRIGATION DEIVISION, ONGOLE, PRAKASAM DISTRICT. 30. THE EXECUTIVE ENGINEER PANCHAYAT RAJ, TENALI, GUNTUR DISTRICT. 31. THJE EXECUTIVE ENGINEER PANCHAYAT RAJ, VIJAYAWADA. 32. THE EXECUTIVE ENGINEER RB, KANIGIRI, PRAKASA DISTRICT. 33. THE EXECUTIVE ENGINEER RB, KAVALI, SPSR NELLORE DISTRICT., 34. THE EXECUTIVE ENGINEER RB, ONGOLE, PRAKASAM DISTRICT. 35. THE EXECUTIVE ENGINEER RB, SRI POTTI SRI RAMULU NELLORE. 36. THE EXECUTIVE ENGINEER RB, MARKAPUR, PRAKASAM DISTRICT. 37. THE EXECUTIVE ENGINEER P R, KANDUKUR, PRAKASAM DISTRICT. 38. THE EXECUTIVE ENGINEER P R, ONGOLE, PRAKASAM DISTRICT. 39. THE EXECUTIVE ENGINEER P R, MARKAPUR, PRAKASAM DISTRICT. 40. THE EXECUTIVE ENGINEER P R, KAVALI, SRI POTTI SRI RAMULU, NELLORE DISTRICT. 41. THE EXECUTIVE ENGINEER RB, TENALI, GUNTUR DISTRICT. 5 42. THE EXECUTIVE ENGINEER RB, N.H.DIVISIONAL OFFICER, VIJAYAWADA. 43. THE EXECUTIVE ENGINEER RB, MACHILIPATNAM, KRISHNA DISTRICT. 44. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ, MACHILIPATNAM, KRISHNA DISTRICT. 45. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ, ELURU, WEST GODAVARI DISTRICT. 46. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ, VIJAYWADA DIVISION, ELURU, WEST GODAVRI 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 a writ, order or direction more particularly one in the nature of Writ of Manamus declaring the action of the respndents in not including the 1% towards labour Cess in respect of all the works allotted to the petitioners and payments made after 26.6.2007 by revising the estimates as per the U.O.Note No.4763/PFS.F8(A1)/98-04, Dated 28.2.2008, as highly arbitrary, illegal, discriminatory apart from violative of Arts.14 and 19(1) (g) of the Constitution of India and consequently direct the respondents to include the 1% towards labour cess in all the works entrusted to the petitioners and for all the payments made after 26.6.2007 as per the U.O. Note No.4763/PFS.F8(A1)/0/98-4, Dated 28-2-2008 and also to release the amounts which were already recovered in this regard, to the petitioners and pass IA NO: 1 OF 2009(WPMP 12109 OF 2009 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 forthwith to include 1% towards Labour Cess in all the estimates of the works allotted to the petitioners and release the Bills as per the revised working Estimates in terms of U.O.NoteNo.4763/PFS.F8(A1)98-4, Dated 28.2.2008 pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. PRABHU NATH VASIREDDY 6 Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR IRRIGATION COMM AREA DEV 4. GP FOR FINANCE & PLANNING The Court made the following: 7 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or direction more particularly one in the nature of Writ of Manamus declaring the action of the respndents in not including the 1% towards labour Cess in respect of all the works allotted to the petitioners and payments made after 26.6.2007 by revising the estimates as per the U.O.Note No.4763/PFS.F8(A1)/98-04, Dated 28.2.2008, as highly arbitrary, illegal, discriminatory apart from violative of Arts.14 and 19(1) (g) of the Constitution of India and consequently direct the respondents to include the 1% towards labour cess in all the works entrusted to the petitioners and for all the payments made after 26.6.2007 as per the U.O. Note No.4763/PFS.F8(A1)/0/98-4, Dated 28-2-2008 and also to release the amounts which were already recovered in this regard, to the petitioners and pass….” 2. Heard Sri. Prabhunath Vasireddy, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 3. Learned counsel for the petitioner submits that this case is squarely covered by a common order passed by a learned Single Judge of this Court in W.P.No.16156 of 2020 and batch dated 20.09.2023, wherein it is held as under: “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. 8 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. Having perused the aforementioned common order passed by this Court and in view of the facts and circumstances of the present case, this Court is of the view that the present case is squarely covered by the said common order. 5. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of in terms of the order dated 20.09.2023 passed by this Court in W.P.No.16156 of 2020. There shall be no order as to costs. 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. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date: 13.08.2025 GSS