IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 13993 of 2003 Between: G.Rajender Reddy & Company, Special Class Civil Engineering Contractors, Public Works Department, Rep.by its Managing Partner, G.Shivender Reddy,S/o.G.Ram Reddy. Plot No.171, Road No.13,Jubilee Hills,Hyderabad, ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep.by its Principal Secretary, I & CAD, Secretariat, Hyderabad. 2 Superintending Engineer, I & CAD, Irrigation Circle, Red Hills, Hyderabad. 3 Executive Engineer, I & CAD Jalasoudha Division, Hyderabad. .....RESPONDENT(S) 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 to issue a writ of mandamus declaring the action of the respondents in retaining Rs.6,52,377/- towards security deposit and Rs.10,000/- towards EMD under the agreement No.76/92-93 dated 11-12-1992 as illegal, arbitrary and unconstitutional and consequently direct the respondents to refund EMD and FSD forth with to the petitioner along with interest @ 24% p.a. from 8-7-1999 till the date of payment. Counsel for the Petitioner:M/S INDUS LAW FIRM Counsel for the Respondents: GP FOR INDUSTRIES. The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents in retaining Rs.6,52,377/- towards security deposit and Rs.10,000/- towards EMD under the agreement No.76/92-93 dated 11.12.1992, as illegal and arbitrary and consequently to direct the respondents to refund EMD and FSD forthwith to the petitioner along with interest @ 24% per annum from 08.07.1999 till the date of payment. None appears for either side. I am of the opinion that the contractual matters where the disputes relating to execution of works are pending with regard to carrying out the rectification of the defects and refund of the EMD amount under the agreement, cannot be resolved in the writ petition. Having regard to the facts of the case, the writ petition is dismissed with liberty to the petitioner to work out the remedies available under the agreement of contract. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:05.03.2008 CCM To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}