Writ petition challenging recovery of labour cess on irrigation project bills was dismissed for non-prosecution as the petitioner did not appear despite the matter being listed under 'For Dismissal'.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 5695 OF 2012
Between:
IVRCL, SEW AND Prasad -(J V), AuthorisedSignature P. UmashankerHead-Legal, having its Regd. OFfice at M-221 3. V ijay ana ga r eolony, Hyderab ad -27 .
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more so, in the nature of Writ of lVlandamus declaring the action of the Respondents in issuing th,e impugned order Lr. No. EElJLlP.Dn.1/MBNR/DB/Stage I and lt/59/M dated 18.2.2012 to recover balance Cess amount from 26.6.2007 in the future running bills with effect from February, 2012 by falling to revise the contract work rateof the petitioner by including 1% towards labour cess at the risk and costs of the respondents in respect of payments made after 26.6.2007 pertaining to execution of Koil Sagar Lift lrrigation Project Works in Mahabubnagar District allotted to the petitioner by revising the estimates as per U.O. Note No. 4763/PFS. FS(A1 y98-4, Finance (W
a
andP) Departm ent dt. 28.2.2008 and in deducting 1% labour cess from out of the payments made and being made to the petitionet aler 26.6.2007 as arbitrary, illegal and unconstitutiona I and consequently direct the respodnents to include 17o towards labour cess at the risks and costs of the respondents for all the payments made to the petitioner after as per U.O. Note No. 4763/PFS. FB(A1 y9B4, dt. 28.2.2008 and also to forthwith release the amounts which were alread recovered in this rega rd.
l.A. NO: 2 OF 2012(WPMP. NO: 7218 OF 2012)
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 direct the Respondents not to deduct/recover any amount towards Labour Cess #om the petitioner's bills in respect of the work allotted to the petitioner pertaining to execution of Koi sagar Lift lrrigation Project works in IVlahabubnagar District in pursuance of the impugned orde bearing Lr. No. EE/JLIP Dn.1/IVBNR/DBiStage-l &ll/59/lv dated 18.2.2012, unless the same is included in the estimates at the risk and costs of the respondents in terms of U.O. Note No. 4763/PFS/FB(A 1)tg}-4, Finance (W &P) Department dl. 28.2.2008.
Counsel for the Petitioner : SRI RUPENDRA MAHENDERA
Counsel for the Respondents No.1,3,4: GP FOR IRRIGATION & CAD Counsel for the Respondents No.2&5 : GP FOR FINANCE & PLANNING The Court made the following: ORDER
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wp 5695 2012 N8K,I
I I
THE HON, BLE SRIJUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.5595 of 2012
ORDER:
When the matter was called on 08.01.2025, there was no representation for the petitioner, and therefore the matter was directed to be listed on 04.02.2025 under"For Dismissal" caption.
costs. Miscellaneouspetitions, if anypending, shall stand closed.
sDl-S' MALLIKARJUNA BAO ASSISTANTREGISTRAR
,TRUE COPY/
SECTIONOFFICER
To,
BSK
GJP
HIGH COURT
DATED:0410212025
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OsSPATCH s--C
ORDER
WP.No.5695 of 2012
DISMISSING THE WRIT PETITION FOR NON-PROSECUTION WITHOUT COSTS
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2 provisions across 2 enactments
IVRCL, SEW and Prasad (JV)
State of Andhra Pradesh, rep. by its Principal Secretary, Irrigation and Command Area Development Department
The Secretary to Government, Finance and Planning (Works and Projects) Department
Superintending Engineer, Irrigation and Command Area Development IVGJLIP, Circle, Mahabubnagar
The Executive Engineer, JLIP, Division-II, Mahabubnagar
The Pay and Accounts Officer, Mahabubnagar
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
