Andhra Pradesh High Court - Amravati
Bommineni Ramanjaneyulu vs The State Of Andhra Pradesh on 20 August, 2025
APHC010412042025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 21366/2025
Between:
1. BOMMINENI RAMANJANEYULU, S/O. VENKATA NARASIMHA RAO,
AGED ABOUT 61 YEARS, SPECIAL CLASS CONTRACTOR, D.NO.5-
349, NGO COLONY, ENDLURU VILLAGE, S.N.PADU MANDAL,
ONGOLE -523002, PRAKASAM DISTRICT, A.P.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT,
SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P.
2. THE ENGINEERINCHIEF, RURAL WATER SUPPLY AND
SANITATION DEPARTMENT, VASUDHA SHELTERS, 5TH FLOOR, C
BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI,
VIJAYAWADA, A.P.
3. THE PROJECT DIRECTOR, SWSM, RWS AND S DEPARTMENT,
VASUDHA SHELTERS 4TH FLOOR, C BLOCK, NEAR LIC COLONY,
SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA, A.P.
4. THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND
SANITATION CIRCLE, ANANTHAPURAMU, A.P.
5. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND
SANITATION DIVISION, ANANTHAPURAMU,A.P.
...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 labour cess @1 percentage 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
/AEE1/JJMA/idapanakal/1156.00L/2023 Dt.26-10-2023 in respect of Mandal
wise Packing of works for Providing Drinking Water Facilities to all the needy
habitations through 100 percent FHTCs with 55 LPCD service level in 19
habitations of Vidapanakal Mandal of Uravakonda Constituency in
Ananthapuramu District and consequently to direct the respondents not to
deduct the labourcess from the bills payable to the petitioner in Agreement
No. /AEE1/JJM/Vidapanakal/1156.00L/2023 Dt.26-10-2023 without including
the same as required to be included in terms of the Memo No. 636/Reforms-
A1/2008 dated 08-06-2011 and 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 the labour cess from the bills
of the petitioner Agreement No. /AEE1/JJMA/idapanakal/1156.00L/2023
Dt.26-10- 2023 in respect of Mandal wise Packing of works for "Providing
Drinking Water Facilities to all the needy habitations through 100% FHTCs
with 55 LPCD service level in 19 habitations of Vidapanakal Mandal of
Uravakonda Constituency in Ananthapuramu District" pending dispose of the
above Writ Petition and pass
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:
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION.NO.21366 OF 2025
ORDER:-
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
"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 there under in Agreement no. /AEE1/JJMA/Vidapanakal/1156.00L/2023 Dt.26.10.2023 in respect of Mandal wise Packing of works for "Providing Drinking Water Facilities to all the needy habitations through 100% FHTCs with 55 LPCD service level in 19 habitations of Vidapanakal Mandal of Uravakonda Constituency in Ananthapuramu 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/Vidapanakal/1156.00L/2023 Dt.26.10.2023 without including the same as required to be included in terms of the Memo No.636/Reforms-A1/2008 dated 08.06.2011 and pass such other order or orders..."
2. Heard learned counsel for petitioner and learned Government Pleader for the respondents.
3. When the matter is taken up for hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 20.09.2023 passed by this Court in Writ Petition No.16156 of 2020 and batch and requested to pass a similar order in this writ petition also.
4. For better understanding the operative portion of the said order reads as follows:
"...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.
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. The same is not disputed by the learned Government Pleader appearing for the respondents.
6. In view of the same, let there be a similar order in this case, following the identical lines as in Writ Petition No.16156 of 2020 and batch, dated 20.09.2023.
7. In the result, the Writ Petition is disposed of with the following directions:
a. The respondents shall verify the bills of the petitioner and if the corresponding amount is already included in the estimates, the respondents are entitled to deduct amount as prescribed at the rate of 1% towards Labour Cess.
b. Upon verification, if the respondents found that the corresponding amount is not included in the estimates, the respondent shall not take steps either to deduct the amount or to recover the amount from the petitioner's bills towards Labour Cess.
8. Registry is directed to attach a copy of the order passed by this Court in Writ Petition No.16156 of 2020 and batch dated 20.09.2023, to this order. No costs.
Consequently, miscellaneous petitions, pending, if any, shall stand closed.
_________________________________ VENKATESWARLU NIMMAGADDA, J Date:20.08.2025 BSP 80 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.21366 OF 2025 DATED:20.08.2025 BSP