IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.13138 of 2018 DATE OF ORDER: 26.02.2026 Between:

M/s. Koya & Company Construction Limited ...Petitioner AND The State of Telangana, rep. by its Principal Secretary, Irrigation and Command Area Development Department, Secretariat, Hyderabad and others ...Respondents

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ or Order or Direction more in the nature of the Writ of Mandamus by declaring the action of the respondents in deducting the 1% of labour cess from the bills of the petitioner vide an Agreement No. 01/2014- 15 dated 19.05.2014 is illegal, arbitrary, without jurisdiction, violation of principles of natural justice and consequently direct the respondents not to deduct/withhold the amount towards 1% of labour cess from the bills of the petitioner and pass....”

2. Heard Sri K.V.Subba Reddy, learned counsel appearing for the petitioner and Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation and CAD, for respondent Nos.1 to 3 and perused the record.

3. When the matter is taken up for hearing, learned counsel appearing for the petitioner would submit that the lis in the writ petition is squarely covered by order in W.P.No.11269 of 2009 and batch dated 22.10.2009 and requested to pass similar orders in this writ petition. The same is not disputed by the learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the respondents. 4. While admitting the writ petition, it is noticed that this Court granted interim direction in I.A.No.1 of 2018 in W.P.No.13950 of 2018, directing the respondents not to deduct 1% labour cess unless the same has been included in the estimates. Even after lapse of more than six (06)

years, the respondents did not choose to file counter denying the averments made by the petitioner in the writ affidavit.

5. Having regard to the facts and circumstances of the case, the orders passed by this court in the writ petition referred to above and for the reasons alike, the present writ petition is disposed of in terms of orders passed in W.P.No.11269 of 2009 and batch, dated 22.10.2009 and attained finality.

6. Accordingly, this writ petition is disposed of directing that:

I. The respondents shall include 1% labour cess in the estimates for the works which they propose to undertake, if the work continues for or beyond twelve months and involves engagement of 10 workers or more; and II. The respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates.

7. As a sequel thereto, miscellaneous applications, if any pending, shall stand closed. No costs.

____________________ E.V.VENUGOPAL, J Dated: 26.02.2026 Note: The Registry is directed to annex copy of order dated 22.10.2009 in W.P.No.11269 of 2009 and batch to this writ petition.

(B/O.)

VSU