APHC010439362019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21172/2019 Between: 1. CHALLA INFRA PROJECTS (P) LTD.,, REP.BY ITS AUTHORIZED SIGNATORY, SRI N. SATYAM SIO VEERAIAH, AGED 59 YEARS, R/O GANESH APARTMENTS, FLAT NO.404, MAMATHA HOSPITAL ROAD, KHAMMAM ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, , RWS AND SANITATION, A.P. RURAL WATER SUPPLY AND SANITATION (APRWSSP), VASUDHA SHELTERS 3RD FLOOR C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA-521 225. 3. THE CHIEF ENGINEERII, RWS AND SANITATION, A.P. RURAL WATER SUPPLY AND SANITATION(APRWSSP), VASUDHA SHELTERS 3RD FLOOR C BLOCK, NEAR LIC COLONY, SAIPURAMCOLONY, GOLLAPUDI, VIJAYAWADA-521 225. 4. THE SUPERINTENDING ENGINEER, RWS AND SANITATION, A.P. RURAL WATER SUPPLY AND SANITATION (APRWSSP), CIRCLE, VIJAYAWADA, KRISHNA DIST. 5. THE EXECUTIVE ENGINEER, RWS AND S. DIVISION, VIJAYAVADA 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 toto issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 4 and 5 in deducting the labour cess @ 1 percent of the bills payable to the petitioner at the instance of respondents 1 to 3 as illegal, arbitrary and also in contravention of Memo No.636/Reforms-A1/2008 dated 08-06-2011 and in contravention of Building and other Construction Workers' Welfare Cess Act, 1996 and the Rules made there under in agreement in respect of work CPWS Scheme to Salinity affected habitations in Kruthiven,1 Mandal, Krishna District vide Agreement No. 95/2015-16, dated 31-12-2015 entered by the 4th Respondent consequently direct the respondents not to deduct the labour cess from the bills payable to the petitioner without including the same as required to be included in terms of the Memo No.636/Reforms-A1/2008 dated 08-06-2011 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 stay the operation of the Award dated 26-08-2019 passed in PLA No.216 of 2019 on the file of the 3rd respondent, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. N SUBBA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.21172 OF 2019 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 4 and 5 in deducting the labour cess @1% of the bills payable to the petitioner at the instance of respondents 1 to 3 as illegal, arbitrary and also in contravention of Memo No.636/Reforms-A1/2008, dated 08.06.2011 and in contravention of Building and other Construction Workers Welfare Cess Act, 1996 and the Rules made there under in agreement in respect of work CPWS Scheme to Salinity affected habitations in Kruthivenu Mandal, Krishna District vide Agreement No.95/2015-16, dated 31.12.2015 entered by the 4th Respondent consequently direct the respondents not to deduct the labour cess from the bills payable to the petitioner without including the same as required to be included in terms of the Memo.No.636/Reforms- A1/2008, dated 08.06.2011 and pass such other order or orders...” 2. Heard learned counsel for petitioner and learned Government Pleader for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 20.09.2023 passed by this Court in Writ Petition No.16156 of 2020 and batch and requested to pass a similar order in this writ petition also. 4. For better understanding the operative portion of the said order reads as follows: “…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....” 5. The same is not disputed by the learned Government Pleader appearing for the respondents. 6. In view of the same, let there be a similar order in this case, following the identical lines as in Writ Petition No.16156 of 2020 and batch, dated 20.09.2023. 7. In the result, the Writ Petition is disposed of with the following directions: a. The resp0ondents shall verify the bills of the petitioner and if the corresponding amount is already included in the estimates, the respondents are entitled to 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 either to deduct the amount or to recover the amount from the petitioner’s bills towards Labour Cess. 8. Registry is directed to attach a copy of the order passed by this Court in Writ Petition No.16156 of 2020 and batch dated 20.09.2023, to this order. No costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:18.08.2025 BSP 68 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.21172 OF 2019 DATED:18.08.2025 BSP