WRIT PETITION 47741/2018 on 31 December 2018

1. state of Andhra Pradesh, Rep. by its Principal Secretary. MunicipalAdmn.andUrbanDevelopmentDept,Secretariat,VelagapudiAdmn.andUrbanDevelopmentDept,Secretariat,VelagapudiAmaravati, Guntur District.2. State of Andhra Pradesh, Rep. by its Principal Secretary,Finance(FMU.WR.II) Department, Secretariat. Velagapudi, Amaravati, GunturDistrict.(FMU.WR.II) Department, Secretariat. Velagapudi, Amaravati, GunturDistrict.3. TheEnglneer-in-Chief,Public Health andMunicipalEngineeringEngineeringDepartment, Tadepalli, Guntur District, Andhra Pradesh.4. The Superintending Engineer, Public Health and Municipal EngineeringDepartment, Nellore, PSR Nellore District, Andhra Pradesh.Department, Nellore, PSR Nellore District, Andhra Pradesh.

5. The Executive Engineer,Public Health and MunicipalEngineeringDepartment .Nellore, Nellore District, Andhra Pradesh.Department .Nellore, Nellore District, Andhra Pradesh.

6. The Pay andAccountsOfficer,Nellore,NelloreDistrictAndhraPradesh.Pradesh.

...Respondents

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue a writ of Mandamus, or any other appropriate writ ordirection declaring the memo of the 2nd respondent issued in U.O.Note.No48022/238/FMU-WR. 11/2017dated29-06-2017andtheconsequentialaction of the 5th respondent in deducting the labour cess from the runningbills for the work referred to in the vide agreement No. 17/2017-18 dated12-01-2018, as illegal, arbitrary and one without jurisdiction and contrary toArticle 14 of Constitution.

lA NO: 1 OF 2018

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to restrain the respondents from recovering/deducting1percentlabour cess from the running account bills of the petitioner in respect of thework being executed in pursuance of the vide agreement No. 17/2017-18dated 12-01-2018, pending disposal of the WP.

lA NO: 1 OF 2019

Between:

1. State of Andhra Pradesh, Rep. byits Principal Secretary,Finance(FMU.WR.II) Department, Secretariat, Velagapudi, Amaravati,GunturDistrict.(FMU.WR.II) Department, Secretariat, Velagapudi, Amaravati,GunturDistrict.

2. ThePayand AccountsOfficer,Nellore,NelloreDistrictAndhraPradesh.Pradesh.

... Petitioners/Respondents

AND

1. M/s. KLSR Infratech Ltd., Rep. by its Director A.SrinivasuluReddyReddyH.No.7-1-638/1/1405,Flat No 405, Lassya BlockPoojithaEstate,Sunder Nagar, Erragadda, Hyderabad-500038.Sunder Nagar, Erragadda, Hyderabad-500038.

...Petitioner/Respondent

2. State of Andhra Pradesh, Rep. by its Principal Secretary. MunicipalAdmn.andUrbanDevelopmentDept,Secretariat,Velagapudi,Amaravati, Guntur District.Admn.andUrbanDevelopmentDept,Secretariat,Velagapudi,Amaravati, Guntur District.

3. TheEngineer-in-Chief,PublicHealthandMunicipalEngineeringandMunicipalEngineeringDepartment, Tadepalli, Guntur District, Andhra Pradesh.

4. The Superintending Engineer, Public Health andMunicipal EngineeringMunicipal EngineeringDepartment, Nellore, PSR Nellore District, Andhra Pradesh.

5. The ExecutiveEngineer,Public HealthandMunicipal EngineeringandMunicipal EngineeringDepartment, Nellore, Nellore District, Andhra Pradesh.

... Respondents/Respondents

Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filediin support of the petition, the High Court may bepleasedtovacatetheinterimordersdt.31.12.2018passedinWP.No.47741/2018.

Counsel for the Petitioner: SRI K V BHANU PRASAD

Counsel for the Respondent No.1: GP MUNICIPAL ADMN AND URBANDEV (AP)

Counsel for the Respondent Nos.2 & 6: GP FOR FINANCE

Counsel for the Respondent Nos.3 to 5: GP FOR IRRIGATION AND CAD(AP)

The Court made the following;

APHC010981382018

IN THE HIGH COURT OF ANDHRAPRADESHAT AMARAVATI(Special Original Jurisdiction)

[3460]

THURSDAY ,THE SEVENTEENTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 47741/2018

Between:

M/s. KIsr Infratech Ltd

...PETITIONER

AND

State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1. KVBHANU PRASAD

Counsel for the Respondent(S):

1 .GP FOR FINANCEPLANNING (AP)

2. GP MUNCIPAL ADMN AND URBAN DEV(AP)

3. GP FOR IRRI AND CAD (AP)

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAYWRIT PETITION NO: 47741/2018

The Court made the following Order:

This writ petitionis filed questioning the action[of][ the][ 2]ndrespondentinissuingthememovideU.O.NoteNO.48022/238/FMU-WR.II/2017,dated29.06.2017,andtheconsequential action of the 5*^ respondent in deductinglabourcess from the runningbillsrelatedto the work coveredunderAgreement No.17/2017-18 dated 12.01.2018, as being illegal andcontrary to law.

2. The case of the petitioneris that heparticipatedinthetender notification issued by the 4*^ respondent for[the][ work][ of]providing the Kavali Water Supply Improvement Scheme,[which]includessourceandperformance-basedOperationandMaintenance (O&M) for seven years, including a defect liabilityperiod of two years, under the AMRUT project. The petitioner[was]the successful bidder, executed the contract, and had completedapproximately 35%of the workat the timeof filingthiswritpetition.Whilereleasingrunningbills,the5threspondentdeductedlabourcessundertheabove-referredagreement.Aggrieved by such deduction, the present writ petition[has][ been]filed.tender notification issued by the 4*^ respondent for[the][ work][ of]providing the Kavali Water Supply Improvement Scheme,[which]includessourceandperformance-basedOperationandMaintenance (O&M) for seven years, including a defect liabilityperiod of two years, under the AMRUT project. The petitioner[was]the successful bidder, executed the contract, and had completedapproximately 35%of the workat the timeof filingthiswritpetition.Whilereleasingrunningbills,the5threspondentdeductedlabourcessundertheabove-referredagreement.Aggrieved by such deduction, the present writ petition[has][ been]filed.

Conclusion

3. Learnedcounselfor thepetitioner hasalso drawn theattention of this Court to a recent Judgment rendered by thisCourtinCh.Murali Mohan Raov.State of Andhra Pradesh,represented by its Principal Secretary and others,[vide][ common]order dated 20.09.2023in W.P. No.16156 of 2020 andbatchwherein the writ petitions seeking similar relief were[allowed.]attention of this Court to a recent Judgment rendered by thisCourtinCh.Murali Mohan Raov.State of Andhra Pradesh,represented by its Principal Secretary and others,[vide][ common]order dated 20.09.2023in W.P. No.16156 of 2020 andbatchwherein the writ petitions seeking similar relief were[allowed.]

4. Learned Assistant Government Pleader does not disputethe applicability of the said decision to the present[case.]the applicability of the said decision to the present[case.]

5. In view of the same, this writ petition is allowed[in][ terms][ of]the directions issuedin CH.V.V. Subba Raov. Government ofAndhra Pradesh, represented by its Principal Secretary[and]others (W.P. No.11269 of 2009 & batch, dated 22.10.2009),[and]inCh.MuraliMohanRaov.Stateof AndhraPradesh,representedbyitsPrincipalSecretaryandOthers(W.P. No.16156 of 2020 andbatch, dated 20.09.2023).[There]shall be no order as to costs.the directions issuedin CH.V.V. Subba Raov. Government ofAndhra Pradesh, represented by its Principal Secretary[and]others (W.P. No.11269 of 2009 & batch, dated 22.10.2009),[and]inCh.MuraliMohanRaov.Stateof AndhraPradesh,representedbyitsPrincipalSecretaryandOthers(W.P. No.16156 of 2020 andbatch, dated 20.09.2023).[There]shall be no order as to costs.

6. InterlocutoryApplications,ifany,shallstandclosedinterms of this order.terms of this order.

SD/- A. VENUGOPALA RAOASSISTANT REGISTER

//TRUE COPY//

SECTION OFFICER

To,

1. The Principal Secretary, State of Andhra Pradesh, Municipal Admn. andUrban Development Dept., Secretariat, Velagapudi, Amaravati,[Guntur]District.Urban Development Dept., Secretariat, Velagapudi, Amaravati,[Guntur]District.

2. The Principal Secretary, State of Andhra Pradesh, Finance (FMU.WR.II)Department, Secretariat, Velagapudi, Amaravati, Guntur District.Department, Secretariat, Velagapudi, Amaravati, Guntur District.

IT

s

3. TheEngineer-in-Chief,PublicHealthandMunicipalEngineeringandMunicipalEngineeringDepartmer, Tadepalli, Guntur District^Andhra Pradesh.

4. The Superintending Engineer, PublicHealth and Municipal EngineeringHealth and Municipal EngineeringDepartment, Nellore, PSR Nellore DistrictAndhra Pradesh.Andhra Pradesh.

5. The Executive Engineer,Public Health and MunicipalEngineeringPublic Health and MunicipalEngineeringDepartment .Nellore, Nellore District, Andhra Pradesh.6. The Pay and Accounts Officer,Nellore, NelloreDistrict,AndhraDistrict,AndhraPradesh.

7. One CC to Sri K V Bhanu Prasad, Advocate [OPUC]

8. Two CCS to GP for Municipal Admn. and Urban Dev. (AP) .High CourtOf Andhra Pradesh. [OUT]Of Andhra Pradesh. [OUT]

9. Two CCs to GP for Finance, High Court Of Andhra Pradesh. [OUT]10.Two CCs to GP for Irrigationand CAD (AP), High Court Ofand CAD (AP), High Court OfAndhra Pradesh. [OUT]11.Three CD Copies sree HIGH COURT

DATED: 17/04/2025

ORDER

WP.No.47741 of 2018

ALLOWING THE W.PWITHOUT COSTS