IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 17190 of 2008 Between: 1 B. Chandra Kumar S/o Venkat Rao R/o Setty Peta (PO), nidadavolu (M), W.G. District. 2 M/s. H.E.S. Infra Pvt. Ltd., B.N. Reddy Colony Road No. 14, banjara Hills, Hyderabad-082. 3 B. Ravindra Reddy S/o B. Venkat Reddy S.V.N. Colony, Guntur Guntur District. 4 C. Suresh Kumar Reddy S/o musal Reddy R/o 10-3-857, haranathapuram, II Lane, Nellore, Nellore District. ..... PETITIONERS AND 1 The Government of A.P., rep by the Director of Works Accounts, Andhra Pradesh, Hyderabad. 2 The Pay and Accounts Officer, Eluru, W.G. District. 3 The Pay and Accounts Officer, Narsaraopet, Guntur District. 4 The Pay and Accounts Officer, Guntur,Guntur District. 5 The Pay and Accounts Officer, Ongole, Prakasam District. 6 The Asst. Pay and Accounts Officer, Nellore, Sri Potti Sreeramulu Nellore District. 7 The Pay and Accounts Officer, Kadapa District, Kadapa. 8 The Pay and Accounts Officer, Chittoor District, Chittoor. 9 The Pay and Accounts Officer, Ananthapur District, Ananthapur. 10 The Superintending Engineer (R&B) Kadapa, Kadapa District. 11 The Superintending Engineer (R&B) NH., Ananthapur, Ananthapur District. 12 The Superintending Engineer (R&B) Nellore, Sri Potti Sreeramulu Nellore District. 13 The Superintending Engineer, Irrigation Circle Ongole, Prakasam District. 14 The Executive Engineer R & B, Division, Kadapa, Kadapa District. 15 The Executive Engineer R & B, NH, Kadapa, kadapa District. 16 The Executive Engineer PR Kandukur, Prakasam district, 17 The Executive Engineer, Irritation division, kandukur, Prakasam district. 18 The Superintending Engineer (R&B) Eluru W.G. District. 19 The Executive Engineer, R&B Kovvur, W.G. District, 20 The Superintending Engineer, R & B Guntur, Guntur district. 21 The Executive engineer, R&B Narasaraopet, Guntur District, 22 The Executive engineer, R&B Guntur Guntur District, 23 The Executive engineer, R&B Tenali, Guntur District. 24 The Pay and Accounts Officer, NSP. Ongole, Prakasam District. 25 The Executive Engineer R & B, Ongole, Prakasam district. 26 The Executive Engineer R & B, Ongole, Prakasam district. 27 The Executive Engineer R & B, Kanigiri, Prakasam District,. 28 The Executive Engineer, PR Ongole Prakasam District. 29 The Superintending Engineer (R&B) Ongole, Prakasam district. 30 The Executive engineer, R&B Division, Markapur, prakasam District, 31 The Executive Engineer R & B, Division, kavali, Nellore District. 32 The Executive Engineer R & B, Division, Nellore, Nellore District. 33 The Superintending Engineer (R&B) Division, Nellore, Nellore District. 34 The Superintending Engineer PR Division, Guntur, Guntur 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 a Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in deducting the amount towards labour Cess @ 1% from the bills payable to the petitioners is as arbitrary, illegal, unauthorized and impermissible and in violation of Article 14 & 19 (1)(g) of the Constitution of India, Consequently direct the respondents to pay the amounts to the petitioners without deducting the amount towards Labour Cess @ 1% from the bills payable to the petitioners and pass such other order or orders Counsel for the Petitioners: MR.P.VENKATA RAO Counsel for the Respondent No.: GP FOR FINANCE & PLANNING GP for Irrigation & CAD GP for R&B GP for Panchayat Raj 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 @1% from the bills payable to the petitioners, as illegal and arbitrary and consequently to direct the respondents to pay the amount to the petitioners without deducting the amounts towards labour cess from the bills payable to the petitioners. When the matter is taken up for admission today, it is submitted by the learned counsel for the petitioners and admitted to by the learned Assistant Government Pleader for Finance and Planning, Roads and Building, Panchayat Raj and Government Pleader for Irrigation & CAD 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.7.8.2008 msv Note: Office to annex copy of order in W.P.Nos.4587 of 2008 and batch dated 15.7.2008 to this order. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P., rep by the Director of Works Accounts, Andhra Pradesh, Hyderabad. 2 The Pay and Accounts Officer, Eluru, W.G. District. 3 The Pay and Accounts Officer, Narsaraopet, Guntur District. 4 The Pay and Accounts Officer, Guntur,Guntur District. 5 The Pay and Accounts Officer, Ongole, Prakasam District. 6 The Asst. Pay and Accounts Officer, Nellore, Sri Potti Sreeramulu Nellore District. 7 The Pay and Accounts Officer, Kadapa District, Kadapa. 8 The Pay and Accounts Officer, Chittoor District, Chittoor. 9 The Pay and Accounts Officer, Ananthapur District, Ananthapur. 10 The Superintending Engineer (R&B) Kadapa, Kadapa District. 11 The Superintending Engineer (R&B) NH., Ananthapur, Ananthapur District. 12 The Superintending Engineer (R&B) Nellore, Sri Potti Sreeramulu Nellore District. 13 The Superintending Engineer, Irrigation Circle Ongole, Prakasam District. 14 The Executive Engineer R & B, Division, Kadapa, Kadapa District. 15 The Executive Engineer R & B, NH, Kadapa, kadapa District. 16 The Executive Engineer PR Kandukur, Prakasam district, 17 The Executive Engineer, Irritation division, kandukur, Prakasam district. 18 The Superintending Engineer (R&B) Eluru W.G. District. 19 The Executive Engineer, R&B Kovvur, W.G. District, 20 The Superintending Engineer, R & B Guntur, Guntur district. 21 The Executive engineer, R&B Narasaraopet, Guntur District, 22 The Executive engineer, R&B Guntur Guntur District, 23 The Executive engineer, R&B Tenali, Guntur District. 24 The Pay and Accounts Officer, NSP. Ongole, Prakasam District. 25 The Executive Engineer R & B, Ongole, Prakasam district. 26 The Executive Engineer R & B, Ongole, Prakasam district. 27 The Executive Engineer R & B, Kanigiri, Prakasam District,. 28 The Executive Engineer, PR Ongole Prakasam District. 29 The Superintending Engineer (R&B) Ongole, Prakasam district. 30 The Executive engineer, R&B Division, Markapur, prakasam District, 31 The Executive Engineer R & B, Division, kavali, Nellore District. 32 The Executive Engineer R & B, Division, Nellore, Nellore District. 33 The Superintending Engineer (R&B) Division, Nellore, Nellore District. 34 The Superintending Engineer PR Division, Guntur, Guntur district. 35 2CCs to Govt.Pleader for Panchayat Raj, High Court of A.P. Hyd. 36 2CCs to Govt.Pleader for Fin &Plang, High Court of A.P. Hyd. 37 2 CCs to Govt.Pleader for R&B, High Court of A.P. Hyd. 38 2 CCs to Govt.Pleader for Irrigation & CAD, High Court of A.P. Hyd. 39 2CD copies