IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY ,THE SEVENTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY^' WRIT PETITION NO: 477fifi OF 2018 AMARAVATI Between: M/s. KLSR Infratech Ltd., Rep. by its Director A.Srinivasulu 1-638/1/1405, Flat No 405, Lassya Block Erragadda, Hyderabad-500038. Reddy H.No.7- Poojitha Estate, Sunder Na.gar ...Petitioner AND 1. state of Andhra Pradesh, Rep. by its Principal Secretary. Municipal Admn. and Urban Development Amaravati, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Finance {FMU.WR.II) Department, Secretariat. Velagapudi, Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. Andhra Pradesh. 4. The Superintending Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. Dept, Secretariat, Velagapudi, 5. The Executive Engineer, 6. The Pay and Accounts Officer, Ananthapuramu, Ananthapuramu District. ...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 a writ of Mandamus, or any other appropriate writ or direction declaring the memo of the 2nd respondent issued in U.O.Note.No 48022/238/FMU-WR.II/2017 dated 29-06-2017 and the consequential action of the 5th respondent in deducting the labour cess from the running bills for the work referred to in the Agreement No .S.E. (P.H) ORIGINAL AGREEMENT NO 01/2018-19 dated 05-05-2018, as illegal, arbitrary and one without jurisdiction and contrary to Article 14 of Constitution. lA NO: 1 OF 2018 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 restrain the respondents from recovering/deducting 1% labour cess from the running account bills of the petitioner in respect of the work being executed in pursuance of the agreement No. S.E. (P.H) ORIGINAL AGREEMENT NO 01/2018-19 dated 05--05-2018 pending disposal of the WP. lA NO: 1 OF 2019 Between: 1. State of Andhra Pradesh, Rep. by its Principal Secretary. Municipal Admn. and Urban Development Dept, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Engineer-in-Chief, Public Health Department, Tadepalli, Guntur District. Andhra Pradesh. 3. The Superintending Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. 4. The Executive Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. and Municipal Engineering ...Respondents/Petitioners AND 1. M/s. KLSR Infratech Ltd., Rep. by its Director A.Srinivasulu H.No.7-1-638/1/1405, Flat No 405, Lassya Block, Poojitha Sunder Na.gar Erragadda, Hyderabad-500038. Reddy Estate, ...Petitioner/Respondent 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Finance (FMU.WR.II) Department, Secretariat, Velagapudi, Amaravati District. 3. The Pay and Accounts Officer, Ananthapuramu District. Guntur Ananthapuramu ... Respondents/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to vacate the interim orders No.47766/2018 and dismiss the writ petition. lA NO: 2 OF 2019 may be dt.31-12-2018 passed in WP Between: 1. state of Andhra Pradesh, Rep. by its Principal Secretary, Finance (FMU.WR.II) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Pay and Accounts Officer, Ananthapuramu, Ananthapuramu District. ...Respondents/Petitioners AND 1. M/s. KLSR Infratech Ltd., Rep. by its Director A.Srinivasulu Reddy H.No.7-1-638/1/1405, Fiat No 405, Lassya Block, Poojitha Estate, Sunder Na.gar Erragadda, Flyderabad-500038. ... Petitioner/Respondent 2. State of Andhra Pradesh, Rep. by its Principal Secretary. Municipal Admn. And Urban Development Dept, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. Andhra Pradesh. 4. The Superintending Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. 5. The Executive Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. ...Respondent/Respondent 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 vacate the interim orders dt 31-12-2018 no.47766/2018 and dismiss the writ petition. passed in wp lA NO: 3 OF 2019 Between: 1. State of Andhra Pradesh, Rep. by its Principal Secretary (FMU.WR.II) Department, Seefetariat, Velagapudi, Amaravati, Guntur District. Finance 2. The Pay and Accounts Officer, Ananthapuramu District. Ananthapuramu ... Petitioners/Respondents AND 1. M/s. KLSR Infratech Ltd , Rep. by its Director A.Srinivasulu H.No.7-1-638/1/1405, Plat Np: :405, Lassya Block, Poojitha Sunder Na.gar Erragadda, Hyderabad-500038. Reddy Estate, ...Petitioner/Respondent f' . . f, . 2. State of Andhra Pradesh, Rep. by its Principal Secretary. Municipal Admn. And Urban Development Dept Amaravati, Guntur District. Secretariat, Velagapudi i 3. The Engineer-in-Chief, Public Health Department, Tadepalli, Guntur District. Andhra Pradesh. 4. The Superintending Engineer,, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. 5. The Executive Engineer, Public Health Department, Ananthapuramu District, Andhra Pradesh. and Municipal Engineering and Municipal Engineering ...Respondents/Respondents 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 vacate the interim orders dated 31-12-2018 passed in W.P.No.47766/2018. Counsel for the Petitioner: SRI K.V. BHANU PRASAD Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV(AP) Counsel for the Respondent Nos.2 & 6: GP FOR FINANCE Counsel for the Respondent Nos.3 to 5: GP FOR IRRIGATION AND CAD (AP) The Court made the following: 1 APHC010981322018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 47766/2018 0ES [3460] Between; M/s. KIsr Infratech Ltd, ...PETITIONER AND State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.K VBHANU PRASAD Counsel for the Respondent(S); 1.GP FOR FINANCE PLANNING (AP) 2.GP MUNCIPAL ADMN AND URBAN DEV(AP) 3.GP FOR IRRI AND CAD (AP) The Court made the following; ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 47766/2018 The court made the following Order: nd This writ petition is filed questioning the action of the 2 respondent in issuing the memo vide U.O. Note NO.48022/238/FMU-WR.II/2017, dated 29.06.2017, and the consequential action of the respondent in deducting labour cess from the running bills related to the work covered under Agreement No.S.E.(P.H) Original Agreement No.01/2018-19 dated 05.05.2018, as being illegal and contrary to law. The case of the petitioner is that he participated in the tender notification issued by the respondent for the work of providing the Guntakala Water Supply Improvement Scheme, which includes source and performance-based Operation and 2. Maintenance (O&M) for seven years, including a defect liability period of two years, under the AM RUT project. The petitioner was the successful bidder, executed the contract, and had completed approximate of the work at the time of filing this writ petition. While releasing running bills, the 5^*^ respondent deducted labour cess under the above-referred agreement. Aggrieved by such / f i i I deduction, the present writ petition has been filed. 3 3. Learned counsel for the petitioner has also drawn the attention of this Court to a recent Judgment rendered by this Court in Ch. Murali Mohan Rao v. State of Andhra Pradesh, represented by its Principal Secretary and others, vide common order dated 20.09.2023 in W.P. No.16156 of 2020 and batch, wherein the writ petitions seeking similar relief were allowed. 4. Learned Assistant Government Pleader does not dispute the applicability of the said decision to the present In view of the same, this writ petition is allowed in terms of the directions issued in CH.V.V. Subba Rao v. Government of Andhra Pradesh, represented by its Principal Secretary and others (W.P. No.11269 of 2009 & batch, dated 22.10.2009), and in Ch. Murali Mohan Rao v. State of Andhra Pradesh, represented by its Principal case. 5. Secretary and Others (W.P. No.16156 of 2020 and batch, dated 20.09.2023). There shall be no order as to costs. 6. Interlocutory Applications, if any, shall stand closed i terms of this order. in Sd/- A VENUGOPALA RAO ASSISTANT REGI^AR //TRUE COPY// SEGTfON OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Admn. and Urban Development Dept, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Finance (FMU.WR.II) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. Andhra Pradesh. 4. The Superintending Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. 5. The Executive Engineer, Public Health and Municipal Engineering Department, Ananthapuramu District, Andhra Pradesh. 6. The Pay and Accounts Officer, Ananthapuramu, Ananthapuramu District. 7. One CC to SRI. K V BHANU PRASAD Advocate [OPUC] 8. Two CCs to GP for MUNCIPAL ADMN AND URBAN DEV(AP) ,High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP for IRRIGATION AND CAD (AP) ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP for FINANCE, High Court Of Andhra Pradesh. 10. [OUT] 11. Three CD Copies sree HIGH COURT DATED:17/04/2025 ORDER WP.No.47766 of 2018 ALLOWING THE W.P. WITHOUT COSTS