APHC010250082023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13276/2023 Between: 1. BOMMINENI RAMANJANEYULU, S/O. VENKATA NARASIMHA RAO, AGED ABOUT 60 YEARS, R/O. ENDULURU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE ENGINEERINCHIEF, AA 3. THE CHIEF ENGINEERII, RURAL WATER SUPPLY AND SANITATION DEPARTMENT VASUDHA SHELTERS, C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA -521 225. 4. THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION CIRCLE, OPP.PWD GROUNDS, BANDAR ROAD, VIJAYAWADA, NTR 2 DISTRICT. 5. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, OPP.PWD GROUNDS, BANDAR ROAD, VIJAYAWADA, NTR 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 topleased 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 labourcess @1 A) of the bills paid at the instance of respondents 1 to 3 as illegal, arbitrary and 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 No. /2022-23 dt. 01 12-2022 in respect of work Providing FHTCs by utilizing existing infrastructure and retrofitting/augmentation in 38 no of habitations of Tiruvuru Constituency in NTR District the respondents not to deduct the labourcess from the bills payable to the petitioner in Agreement No. /2022-23 dt. 01 12-2022 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 IA NO: 1 OF 2023 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 pleased to direct the respondents not to deduct the labour cess without adding the same from the bills of the petitioner in Agreement No. /2022-23 dt. 01-12-2022 in respect of work Providing FHTCs by utilizing existing infrastructure and retrofitting/augmentation in 38 no of habitations of Tiruvuru Constituency in NTR District pending dispose of the above Writ Petition and pass 3 Counsel for the Petitioner: 1. P L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following Order: Challenging the action of respondent Nos.4 & 5 in deducting the labour cess @1% from the bills payable to the petitioner, which is contrary to the Memo No.636/Reforms- A1/2008, dated 08.06.2011, and also the Building and other Construction Workers’ Welfare Cess Act, 1966, and the Rules made thereunder, the present writ petition is filed. 2. Heard Sri P.L. Narasimha Rao, learned counsel for the petitioner and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Today, when the matter is called for consideration, learned counsel for the petitioner submitted that the issue involved in this Writ Petition is squarely covered by the order dated 30.09.2024 passed by this Court in W.P.No.20367 of 2024 and requested to pass a similar order. 4 4. Learned Assistant Government Pleader, do not refute the submissions made by the learned counsel for the petitioner. 5. Considering the submission of learned counsel for the petitioner that the issued involved in the present writ petition is alike in the aforesaid order, this Writ Petition is disposed of in terms of the order dated 30.09.2024 passed by this Court in W.P.No.20367 of 2024. There shall be no order as to costs. 6. Registry is directed to attach the copy of the order dated 30.09.2024 passed by this Court in W.P.No.20367 of 2024 to this order. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.12.2025 ANS 5 . 383 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13276/2023 Date: 03.12.2025 ANS