APHC010713832014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 33334/2014 Between: 1. M/S. D.SREENIVASA RAO,, REPRESENTED BY ITS MANAGING PARTNER, D.SREENIVASA RAO S/O. VENKAYYA, R/O.D.NO.27-3- 201, OFFICIAL COLONY, SRINAGAR, GAJUWAKA,VISAKHAPATNAM. ...PETITIONER AND 1. THE RASHTRIYA ISPAT NIGAM LIMITED, REPRESENTED BY ITS ASST. GENERAL MANAGER (C)/BF, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM. 2. THE DEPUTY GENERAL MANAGER C CONTRACTS, PROJECTS DIVISION, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM. 3. THE DEPUTY COMMISSIONER OF LABOUR, AKKAYYAPALEM, VISAKHAPATNAM - 530 016. 4. THE JOINT COMMISSIONER OF LABOUR, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. 5. THE ASSISTANT GENERAL MANAGER PROJECT CONTRACTORS, PROJECTS DIVISION, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM. ...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 2 JS,J W.P.No.3334/2014 pleased toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in purporting to deduct/recover the cess amount under Building and Other Constructions Works' (Welfare Cess) Act, 1996 in relation to the works being undertaken by the petitioner at the factory premises of Respondents No.1 to 3, as illegal, arbitrary and unconstitutional and contrary to the provisions of the Building and Other Constructions Works' (Welfare Cess) Act, 1996 and the Factories Act, 1948 and contrary to the judgment of this Hon'ble High Court vide Judgment in W.Ps.No.9111/2010 & Batch vide Judgment Dt:28-11-2013 and consequently direct the respondents not to deduct/recover any amounts towards cess contemplated under the Building and Other Constructions Workers' (Welfare Cess) Act, 1996 for the works being undertaken by the petitioner at the factory premises of Respondents No.1 to 3 vide agreement No. VSP/CONT/C-24 of 2012-13, Dt:12-12-2012 and consequently direct the respondents to refund the amounts already deducted from the bills of petitioner towards 1% labour cess and to pass IA NO: 1 OF 2014(WPMP 41681 OF 2014 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 / recover / withhold any amounts towards cess contemplated under the building and other constructions workers (Welfare Cess), act, 1996 from the bill amounts of the petitioner for the works being undertaken by the petitioner at the factory premises of respondents No.1 to 3 vide agreement No.VSP/CONT/C-24 of 2012-13, dt. 12-12-2012 pending the disposal of the above Writ Petition and to pass. IA NO: 2 OF 2014(WPMP 43142 OF 2014 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 treat the additional of additional material papers as part and parcel of main writ petition pending disposal of the above writ petition pending disposal of the above writ petition Counsel for the Petitioner: 1. P VENKATA RAO Counsel for the Respondent(S): 3 JS,J W.P.No.3334/2014 1. K SARVA BHOUMA RAO 2. GP FOR LABOUR (AP) 3. 4. V RAVINDER RAO 4 JS,J W.P.No.3334/2014 The Court made the following ORDER: Though the matter was adjourned on 17.09.2025 and 24.09.2025, there was no representation on behalf of the learned counsel for the petitioner. Hence, the matter was directed to be listed on 05.11.2025. Even on that day, there is no representation for the petitioner. Therefore, the matter was directed to be listed today under the caption “for dismissal”. Today when the matter is called, there is no representation for the petitioner. It appears that the learned counsel for the petitioner is not interested to prosecute the case. Hence, the Writ Petition is dismissed as non-prosecution. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 12.11.2025 KAS 5 JS,J W.P.No.3334/2014 258 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 33334/2014 Dated: 12.11.2025 KAS