APHC010095462019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4233/2019 Between: 1. DRS INFRATECH PRIVATE LIMITED,, HYDERABAD, SPECIAL CLASS CONTRACTOR, REP. BY ITS AUTHORIZED SIGNATORY MR. GOLLA PRAVEEN KUMAR, S/O LATE SRI GOLLA DEVADASU, AGED 40 YEARS, OCC CONTRACTOR, R/O RATNALAPETA, SAKHINETIPALLI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PRANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, , RWS AND SANITATION, A.P. RURAL WATER SUPPLY AND SANITATION (APRWSSP), VASUDHA SHELTERS 3RD FLOOR, C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA - 521 225. 3. THE CHIEF ENGINEERIV, RWS AND SANITATION, A.P. RURAL WATER SUPPLY AND SANITATION (APRWSSP), VASUDHA SHELTERS 3RD FLOOR, C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA - 521 225. 4. THE CHIEF ENGINEERII, , RWS AND SANITATION, A.P. RURAL WATER SUPPLY AND SANITATION (APRWSSP), VASUDHA SHELTERS 3RD FLOOR, C BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA - 521 225. 5. THE EXECUTIVE ENGINEER, RWS AND SANITATION, PROJECTS DIVISION, ELURU, WEST GODAVARI DISTRICT. 6. THE SUPERINTENDENT ENGINEER, , RWS AND SANITATION, CIRCLE OFFICE, ELURU, WEST GODAVARI 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 toto issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 and 6 in deducting the Labour Cess @ 1 percent of the bills paid in agreement No. /2013-14 dated 19.12.2013 at the instance of respondents 1 to 4 is illegal, arbitrary and in contravention of Memo N0.636 / Reforms-Al / 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 respect of work providing CPWS Scheme to Chinthalapudi Mandal, West Godavari District and consequently direct the respondents not to deduct the labour cess from the bills payable to the petitioner in agreement No. /2013-14 dated 19.12.2013 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 2019 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 the labour cess from the bills payable to the petitioner in respect of agreement No. /2013-14 dated 19.12.2013 in respect of, work providing CPWS Scheme at Chinthalapudi Mandal, West Godavari District, pending disposal of the above said writ petition and pass Counsel for the Petitioner: 1. G R SUDHAKAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4233/2019 ORDER: 1. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. Perused the material available on record. 2. The issue raised in the present writ petition is squarely covered by the order, dated 20.09.2023 in W.P.No.16156 of 2020 & batch. 3. Accordingly, this writ petition is disposed of with the same directions. 4. The Registry is directed to append the copy of the order, dated 20.09.2023 in W.P.No.16156 of 2020 & batch to this order. 5. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 01.08.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4233/2019 Date: 01.08.2025 W SP