IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.17315 of 2018 Date: 19.02.2026 Between:

M/s. Premier Plastic Industries, rep. by its Partner ..Petitioner And The State of Telangana, Rural Water and Sanitation Department, Panchayat Raj and Rural Development, Secretariat, Hyderabad, Rep. by its Principal Secretary and 5 others ..Respondents

ORDER

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-

‘‘…to issue a Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent issued in memo No.AE/DEE(VIG)/V and E/Labour Cess/ RWS and S works/2017 dated 28.11.2017 and the consequential action of the 4^th respondent in deducting the labour cess 1% from the running bills for the work referred to in the agreement No.S.E.CR(PH) No.03/2015-16 dated 13.05.2015 as illegal, arbitrary and one without jurisdiction and consequently direct the respondent to refund the withheld amount with interest at 18 percentage and pass such other order or further orders as this Court deems fit and proper in the facts and circumstances of the case.”

2. Heard Sri Venkateswerllu Kesamsetty, learned counsel for the petitioner and Sri Ashok Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondent Nos.1 to 5 and learned Government Pleader for Finance, for respondent No.6. Perused the record.

3. This Court, on 04.06.2018, passed an interim order, which reads as under:-

“Heard counsel for petitioner and the Government Pleaders for Panchayat Raj and Finance.

It is brought to the notice of this Court that in identical set of circumstances, this Court passed interim orders on 27.03.2018 in l.A.No.1 of 2018 in W.P.No.9970 of 2018 and order dt.11.04.2018 in LA.No.1 of 2018 in W.P.No.12227 of 2018. A copy of the same is placed on record as material papers.

The said order reads as under:

"By Memo dated 08.06.2011, issued by the Principal Secretary to Government, lrrigation & CAD(PW-Reforms) Department, instructions were issued not to deduct any amount towards labour cess unless the corresponding amount is included in the estimates. lt is the specific assertion of the petitioner that in the case of the subject contract, the labour cess was not included in the estimates.

Learned Government Pleader is unable to state at this stage, whether the labour cess is included or not.

lnasmuch as the Memo provides for non-

deduction of the amount towards labour cess, there shall be interim direction to the respondents not to deduct 1% labour cess unless the same has been included in the estimates."

In view of the above, there shall be a similar direction in this case also.

4. When the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, appearing for respondents Nos.1 to 5 would submit that the said interim order, dated 04.06.2018 is almost in the nature of final relief sought in the Writ Petition and prays this Court to dispose of this writ petition in terms of the interim order.

5. Learned counsel for the petitioner reported no objection for the same.

6. In view of the above submissions, this Court does not find any reason to keep the Writ Petition pending and is of the considered view that this Writ Petition can be disposed of in terms of the interim order already passed by this Court as early as on 04.06.2018.

7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

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E.V.VENUGOPAL, J Dated:19.02.2026 dgr