IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11012 of 2008 Between: M/s Kiran Enterprises, Rep by its Proprietor Sri G.Ramakrishna, D.No.48-510/1,Ganesh Nagar, Near Janahita Hospital, Chintal, Hyderabad-500 054 ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep by the Principal Secretary to Govt., Finance and Planning (W&P) Department, Secretriat Buildings, Hyderabad. 2 The Director of Works Accounts, Andhra Pradesh, Hyderabad. 3 The Executive Engineer, Public Health Special Division, Adilabad. 4 The Director (Finance) H.M.W.S. & S. Board, Maitri Vihar, Ameerpet Hyderabad. 5 The Commissioner, Vijayawada Municipal Corporation, Vijayawada. 6 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the impugned Memo No.4763/PFS.F8(A1)/07-1 dated 04-02-2008 issued by the Finance and Planning Department , Govt. of A.P., and the action of the respondents in deducting the amount towards Labour Cess @ 1% from the bills payable to the petitioner as arbitrary illegal, without jurisdiction and in violation of Articles 14 and 19 (1)(g) of the Constitution of India, and consequently direct the respondents to pay the amounts to the petitioner without deducting the amount towards Labour Cess @ 1% from the bills payable to the petitioner and pass Counsel for the Petitioner: MR.SRINIVASA RAO RAYIPATI Counsel for the Respondents 1 to 4.: GP FOR FIN & PLANNING Counsel for Respondents 5 & 6 : GP for MPL.Administration The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in deducting the amount towards Labour Cess @ from the bills payable to the petitioner, as illegal and arbitrary and consequently direct the respondents to pay the amounts to the petitioner without deducting the amount towards Labour Cess @ 1% from the bills payable to the petitioner. When the matter is taken up for admission today, it is submitted by the learned counsel for the petitioner and admitted to by the learned Assistant Government Pleader for Finance and Planning appearing for the respondents that the subject matter of this writ petition is squarely covered by the orders of this Court passed in W.P.No.4587 of 2008 and batch dated 15.7.2008, wherein this Court considered similar issue and disposed of the said writ petitions. Following the same, this writ petition is also disposed of on the same terms. No costs. N.V.RAMANA,J Dt.21.7.2008 Note: Office to annex copy of order in W.P.Nos.4587 of 2008 and batch dated 15.7.2008 to this order. (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, Rep by the Principal Secretary to Govt., Finance and Planning (W&P) Department, Secretriat Buildings, Hyderabad. 2 The Director of Works Accounts, Andhra Pradesh, Hyderabad. 3 The Executive Engineer, Public Health Special Division, Adilabad. 4 The Director (Finance) H.M.W.S. & S. Board, Maitri Vihar, Ameerpet Hyderabad. 5 The Commissioner, Vijayawada Municipal Corporation, Vijayawada. 6 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 7 2CCs to GP for Finance and Planning, High Court of A.P. Hyd. 8 2CCs to GP for Municipal Administration, High Court of A.P. Hyd. 9 2CD copies