Disposed¶34

Velko Infratech Projects P L v. the State of Ap

Andhra Pradesh HC20 Jul 2025WP/1644/2019

Case brief

AI extract

What is this about?

labour cess 1% deduction; Building and other Construction Workers' Welfare Cess Act, 1996; Memo No.636/Reforms-A1/2008 dated 08-06-2011; Circle Agreement No.16/2017-18 dt.28-08-2017; CPWS Scheme Sri Mukhalingam; Jalamuru and Sarvakota Mandals; Narasannapeta Constituency; Srikakulam District; RWS and Sanitation APRWSSP; covered by order dated 20.09.2023 in W.P.No.16156 of 2020 & batch; disposed with same directions; no costs; Andhra Pradesh High Court at Amaravati; Justice Venkateswarlu Nimmagadda; W.P. No. 1644 of 2019.

What did the court decide?

Writ petition disposed of with the same directions as in the order dated 20.09.2023 in W.P.No.16156 of 2020 & batch; Registry directed to append a copy of that order to this order; no order as to costs; pending miscellaneous petitions, if any, closed. ¶34

Velko Infratech Projects P L Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondents 4 and 5 in deducting labour cess @ 1% of the bills payable to the petitioner, at the instance of respondents 1 to 3, under Circle Agreement No.16/2017-18 dt.28-08-2017 (CPWS Scheme to Sri Mukhalingam and other habitations in Jalamuru and Sarvakota Mandals, Srikakulam District), is illegal, arbitrary and contrary to Memo No.636/Reforms-A1/2008 dated 08-06-2011 and the Building and other Construction Workers' Welfare Cess Act, 1996.

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Court's answer

The issue raised in the present writ petition is squarely covered by the order dated 20.09.2023 in W.P.No.16156 of 2020 & batch.

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Ratio / Principle

The writ petition is disposed of with the same directions as the order dated 20.09.2023 in W.P.No.16156 of 2020 & batch; the Registry is directed to append a copy of that order to this order; there shall be no order as to costs; miscellaneous petitions pending, if any, stand closed.

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Detailed headnote1 paragraphs

Writ Petition No. 1644 of 2019 (Art. 226) by Velko Infratech Projects Pvt Ltd, represented by its Managing Director, challenging the deduction of labour cess @ 1% from its bills by respondents 4 and 5 (RWS & Sanitation engineers) at the instance of respondents 1 to 3, under Circle Agreement No.16/2017-18 dt.28-08-2017 for providing the CPWS Scheme to Sri Mukhalingam and other habitations in Jalamuru and Sarvakota Mandals, Narasannapeta Constituency, Srikakulam District, alleging contravention of Memo No.636/Reforms-A1/2008 dated 08-06-2011 and the Building and other Construction Workers' Welfare Cess Act, 1996. Held (Venkateswarlu Nimmagadda, J., 21.07.2025): the issue is squarely covered by the order dated 20.09.2023 in W.P.No.16156 of 2020 & batch; writ petition disposed of with the same directions; Registry to append a copy of that order; no order as to costs; miscellaneous petitions, if any, closed.

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[3329]

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APHC010035982019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1644/2019

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Between:

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VELKO INFRATECH PROJECTS P L, REP BY ITS MANAGING DIRECTOR, SRI.VELAGAPUDI RAMA RAO, S/O.VEERA RAGHAVAIAH, AGED 70 YEARS, R/O. H.NO. 59-10-2, GAYATRI NAGAR, VIJAYAWADA.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE ENGINEERINCHIEF, RWS AND SANITATION, A.P. RURAL WATER SUPPLY 86 SANITATION (APRWSSP), VASUDHA SHELTERS 3RD FLOOR C BLOCK, NEAR LIC COLONY, SAIPURAMCOLONY, GOLLAPUDI, VIJAYAWADA-521 225.

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THE CHIEF ENGINEERII, RWS AND SANITATION, A.P. RURAL WATER SUPPLY 86 SANITATION APRWSSP VASUDHA SHELTERS 3RD FLOOR C BLOCK, NEAR LIC COLONY, SAIPURAMCOLONY, GOLLAPUDI, VIJAYAWADA-521 225.

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THE SUPERINTENDING ENGINEER, RWS AND SANITATION, VISAKHAPATNAM, A.P. RURAL WATER SUPPLY 86 SANITATION (APRWSSP), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P.STATE

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THE EXECUTIVE ENGINEER, RWS AND S.DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P.STATE.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased topleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 4 and 5 in deducting the labour cess @ 1percent of the bills payable to the petitioner at the instance of respondents 1 to 3 as illegal, arbitrary and in contravention of Memo No.636/Reforms-A1/2008 dated 08-06-2011 and in contravention of Building and other Construction Workers' Welfare Cess Act, 1996 and the Rules made there under in circle agreement No 16/2017-18, dt.28-08-2017, in respect of providing CPWS Scheme to Sri Mukhalingam and other habitations in Jalamuru and Sarvakota Mandals in Narasannapeta Constituency of Srikakulam District and consequently direct the respondents not to deduct the labour cess from the bills payable to the petitioner without including the same as required to be included in terms of the Memo No.636/Reforms-A1/2008 dated 08-06-2011 and pass

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IA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to deduct the labour cess from the bills of the petitioner in respect of Circle Agreement.No.16/2017-18, dt.28-08-2017, in respect of providing CPWS Scheme to Sri Mukhalingam and other habitations In Jalamuru and Sarvakota Mandals in Narasannapeta Constituency of Srikakulam District, pending disposal of the above said writ petition

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IA NO: 2 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To amend the cause title in respect of respondent number 4 and respondent number 5 by amending the same as follows Respondent 4 the superintendent engineer R.w.s and sanitation Srikakulam A.P Rural Water supply and sanitation (APRWSSP) Srikakulam State A.P Respondent number 5 the executive engineer,R.W.S and division,srikakulam,srikakulam dist A.P State and pass

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Counsel for the Petitioner:

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1.DEVI PRASAD MANGALAPURI

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV (AP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA