APHC010509832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26257/2025 Between: 1. RITHWIK PROJECTS PRIVATE LIMITED, PLOT NO.37 AND 39, NAVODAYA COLONY, ROAD NO.2, BANJARA HILLS, HYDERABAD, REP. BY ITS AUTHORIZED SIGNATORY, T. RAVI KRISHNA, S/O T.S.N. MURTHY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, IRRIGATION AND CAD DEPARTMENT, (WATER RESOURCES DEPARTMENT) A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL CHIEF SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT ANANTAPURAMU, ANANTAPURAMU DISTRICT. 4. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, HNSS CIRCLE NO.1,KURNOOL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, HNSS DIVISION NO.2, KURNOOL, KURNOOL DISTRICT. 6. THE ASST PAY AND ACCOUNTS OFFICER, ASST PAY AND VS,J W.P No.26257 of 2025 2 ACCOUNTS OFFICE KURNOOL, KURNOOL 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 issue an appropriate writ, order or direction more preferably a Writ in the nature of Mandamus declaring the action of the Respondents in deducting 1 percent labour cess in the Final Bills vide Executive Engineers office Bills uploaded at the instance of the other Respondents, as illegal, arbitrary and in contravention of Memo No. 636/Reforms-A1/2008, dated 08- 06- 2011 and the Rules made thereunder in Agreement No. 3 SE/2017-18, dated.23.05.2017 entered by the Superintending Engineer are contrary to the Common Order passed by this Hon'ble Court in W.P.NO.16156/2020 and batch, dated.20.9.2023 and consequently direct the respondents to refund the deducted 1 percent Labour Cess amount of Rs.2,05,79,810/-to the petitioner and consequently direct the 1st Respondent to consider the Letter No CE(P)/ATP/DEE4/AEE6/F.P.3B/Vol./209M dated.06.09.2024 addressed by the Chief Engineer ( Projects), Water Resources Department, Anantapuramu to the 1st Respondent for payment of Labour Cess to the petitioner and pass IA NO: 1 OF 2025 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 1% labour cess amount without adding the same in the Final Bills vide Executive Engineer’s office vide bills uploaded of the petitioner under the Agreement No. 03 SE/2017-18, dated.23.05.2017 entered by the Superintending Engineer and direct the Respondents to reimburse the 1% Labour Cess of Rs.2,05,79,810/-deducted from the bills submitted the petitioner forthwith pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.26257 of 2025 3 This Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ, order or direction more preferably a Writ in the nature of Mandamus declaring the action of the Respondents in deducting 1% labour cess in the Final Bills vide Executive Engineer’s office Bills uploaded at the instance of the other Respondents, as illegal, arbitrary and in contravention of Memo No. 636/Reforms-A1/2008, dated 08-06-2011 and the Rules made thereunder in Agreement No.3 SE/2017-18, dated.23.05.2017 entered by the Superintending Engineer are contrary to the Common Order passed by this Hon'ble Court in W.P.No.16156/2020 & batch, dated.20.9.2023 and consequently direct the respondents to refund the deducted 1% Labour Cess amount of Rs.2,05,79,810/-to the petitioner and consequently direct the 1st Respondent to consider the Letter No CE(P)/ATP/DEE4/AEE6/F.P.3B/Vol./209M dated.06.09.2024 addressed by the Chief Engineer ( Projects), Water Resources Department, Anantapuramu to the 1st Respondent for payment of Labour Cess to the petitioner and pass…” 2. Heard Sri M Siva Kumar, learned counsel for the Writ Petitioner and learned Assistant Government Pleader for Irrigation. 3. Learned Counsel for the Writ Petitioner submits that this case is squarely covered by a Common Order passed by the learned Single Judge of this Court in W.P.No.16156 of 2020 and batch dated 20.09.2023. 4. Having perused the said Common Order passed by the learned Single Judge in WP No.16156 of 2020 and batch dated 20.09.2023, and the facts in the present case, this Court is of the view that the present case is squarely covered by the said Common Order. The operative portion of the common order is extracted hereunder: “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. VS,J W.P No.26257 of 2025 4 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. In view of the above extract, this case is also disposed of on the basis of the operative portion of the Common Order passed by the learned Single Judge in W.P.No.16156 of 2020 and batch dated 20.09.2023. 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 and batch to this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :24.09.2025. Ksj