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2025 DAILYLAW 7947 (AP)

BOMMINENI RAMANJANEYULU v. THE STATE OF AP

WP/4701/2025 · 2025-02-24

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010083282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4701/2025 Between: Bommineni Ramanjaneyulu ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1. P L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.4701 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…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 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 thereunder in agreement No.-/2023-24 dt.29-09-2023 in respect of Mandal wise Packing of works for Providing drinking water facilities through 100% FHTCs with 55 LPCD service level in 03 habitations of Ananthapuramu Urban Mandal in Ananthapuram District and consequently to direct the respondents not to deduct the labour cess from the bills payable to the petitioner in Agreement No.-/AEE1/JJM/03 habitations of Ananthapuramu Urban Mandal/2023, dated -.-.2023 without including the same as required to be included in terms of the Memo No.636/Reforms-A1/2008, dated 08.06.2011 and to pass such other order or orders as are deem fit and proper in the circumstances of the case.” 2. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj appearing on behalf of the respondents. 3. The learned counsel for petitioner submits that the issue involved in this writ petition is squarely covered by the common order 3 dated 20.09.2023 passed by this Court in W.P.No.16156 of 2020 and batch. 4. Learned Government Pleader does not refute the said submission. 5. In view of the same, for the reasons alike in the aforesaid order, this Court is inclined to dispose of the writ petition in terms of W.P.No.16156 of 2020 and batch, dated 20.09.2023. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7. Registry is directed to attach a copy of the order dated 20.09.2023 passed in W.P.No.16156 of 2020 and batch to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 24.02.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 4701 of 2025 Date : 24.02.2025 SPP