IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23383 of 2008 Between: K.Venkateswarulu, S/o. Venkataiah, R/o. Janatapeta North, Kavali, Nellore District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep by its Principal Secretary Finance & Planning Dept, Secretariat Buildings, Hyderabad. 2 The Director of Works Accounts, Andhra Pradesh, Hyderabad. 3 The Superintending Engineer, Panchayat Raj Circle, A.C. Subbareddy Stadium, Dargamitta, Nellore District. 4 The Executive Engineer, Panchayat Raj Division, Kavali, Nellore District. 5 The Assistant Pay & Accounts Officer, Somasila Project, Dargamitta, Nellore District. .....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 appropriate writ or direction and more particularly one in the nature of writ of Mandamus declare the impugned memo No.4763/PFS.F8 A1/07-1 dated 4-2-2008 issued by the Finance and Planning (W & P) in respect of agreement No.297/07-08 dated 7-11-07 Department Government of A.P., as illegal, arbitrary and without jurisdiction and violative of Sec.4, 5 and 10 of the Building and Other constructions workers We l fa r e Cess act, 1996 and consequently direct the respondents not to recover the Cess from the bills of the petitioners under the agreement No.137/2007-2008 dated 19- 02-2008 and to pass Counsel for the Petitioner: MR.C.H.SATISH KUMAR Counsel for the Respondent No.: GP FOR FINANCE & PLANNING The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO. 23383 of 2008 ORDER: 1 Petitioner ﬁled this Writ Petition seeking a direction that the impugned Memo No.4763/PFS.F8 A1/07-1 dated 4-2- 2008 issued by the Finance and Planning (W & P) in respect of agreement No.297/07-08 dated 07-11-2007 Department Government of A.P., as illegal, arbitrary and without jurisdiction and violative of Sections 4, 5 and 10 of the Building and Other constructions workers Welfare Cess Act, 1996 and consequently direct the respondents not to recover t h e Cess from the bills of the petitioners under the agreement No.137/2007-2008 dated 19-02-2008. 2 When the matter is taken up for hearing, learned counsel as well as the learned Assistant Government Pleader for Revenue represented that the subject matter of the Writ Petition is squarely covered by the observations made in the common order passed in Writ Petition No.4587 of 2008 and batch. 3 Recording the above, and following the said order, and for the reasons mentioned therein, this writ petition is also disposed of by and in terms of the observations as made therein. A copy of the above order shall be annexed to this order. No costs. -------------------------- N.V.RAMANA, J. 03.11.2008 kvsn