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2026:APHC:3623

APHC010032762026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 2160/2026

Between:

1. M/S. SRINIVASA ENGINEERING AND CONSTRUCTION COMPANY,

SPECIAL CLASS CONTRACTOR, D.NO. 14-79, SREE PLAZA, (SBI

BUILDING), MAIN ROAD, BRUNDAVANA GARDENS, GUNTUR -522

006. REP. BY ITS MANAGING PARTNER MR. G.SRINIVASA RAO.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT

DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT,

A.P-522238.

2. THE ENGINEERINCHIEF, RURAL WATER SUPPLY AND

SANITATION DEPARTMENT VASUDHA SHELTERS, 5TH FLOOR, C

BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI,

VIJAYAWADA -521 225.

3. THE CHIEF ENGINEERLL, RURAL WATER SUPPLY AND

SANITATION DEPARTMENT, VASUDHA SHELTERS, 1ST FLOOR, C

BLOCK, NEAR LIC COLONY, SAIPURAM COLONY, GOLLAPUDI,

VIJAYAWADA -521 225.

4. THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND

SANITATION CIRCLE, GUNTUR, A.P-522002.

5. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND

Page 2 of 5 SRS,J

W.P.No.22012660: oAf P2H02C6 :3623

SANITATION DIVISION NARASARAOPETA, A.P-522601

...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 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 @1percent 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. /2023-24, Dt.29-12-2023 in respect Mandal wise

packaging of works for Providing DWF through 100percent FHTCs to 31

Habitation of Rompicherla Mandal of Palnadu District and consequently to

direct the respondents not to deduct the labourcess from the bills payable to

the petitioner in Agreement No. /2023-24, Dt.29-12-2023 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 2026

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 in Agreement No. /2023-24 Dt.29-12-2023 in respect Mandal

wise packaging of works for “Providing DWF through 100% FHTCs to 31

Habitation of Rompicherla Mandal of Palnadu 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:

Page 3 of 5 SRS,J

W.P.No.22012660: oAf P2H02C6 :3623

::ORDER ::

Heard Sri P.L.Narasimha Rao, learned counsel for the petitioner, Sri

P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj

and Rural Development, appeared for the respondents 1 to 5.

2. The above writ petition was filed by a construction company

represented by its Managing Partner, to declare the action of respondents 4

and 5 in deducting the labour cess @ 1% on the bills payable to the petitioner,

at the instance of the respondents 1 to 3, as illegal and arbitrary and in

contravention of Memo No.636/Reforms-A1/2008 dated 08.06.2011, the

Building and Other Construction Workers’ Welfare Cess Act, 1996 and the

Rules made thereunder and also as per Agreement No…/2023-24 dated

29.12.2023.

3. The petitioner, a Special Class (Civil) Contractor, entered into an

agreement dated 29.12.2023 with respondent No.4 for ‘Providing DWF

through 100% FHTCs to 31 Habitation of Rompicherla Mandal of Palnadu

District’, for an estimated cost of Rs.2925.30 Lakhs. The