IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16735 of 2008 Between: M/S ALS KVR(JV), Rep by its Authorized Signatory Venkat Raju, S/o. Sri Narsimha Raju, Office at 202, Durga Alight Apartments, Chikoti Gardens, Begumpet, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep by its Superintendent Engineer, Handi Nivas Sujala Sravanthi,(HNSS) Circle Ananthapur, Ananthapur District. 2 The Chief Engineer,(projects), Irrigation & CAD Department, Ananthapur, Ananthapur District. 3 The Superintending Engineer, AVR HNSS, Circle No.1, Kurnool, Kurnool district. 4 The Exective Engineer, AVR.HNSS, Division 2 , Kurnool, Kurnool District. 5 The Pay & Accounts Officer, (works & Projects), Kurnool, Kurnool District. .....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, in the nature of a writ of mandamus or any otehr appropriate writ, direction or order, declaring the action of the respondents in deducting 2% maintenance charges over and above 5% retention amont provided under the agreement and the Memo.No.CE(P)ATP/P-15/146 KNL, dated 09-04-2008 ofthe Chief Engineer (Projects), I & CAD Department, Anantapur, and the consequential Memo No.SE/HNSS-I/KNL/TS/AEE2/P.24/W/150 HQ, dated 15-05-2008 of the Superintending Engineer, AVR HNSS Circle 1, Kurnool, the 3rd respondent herein, and also Lr.No.PAO/KNL/Sn.I/EPC/2008-09/11, dated 16.04.2008 of the Pay and Accounts Oﬃcer, Kurnool, the 5th respndent herein issued in pursuance of the Accontant General's Letter dated 31.12.2007, directing recovery of 2% on contract price towards maintenance charges over and above of 5% retention amount in respect of package No.26 of H.N.S.S. Canal, awarded to the petitioner under Agreement No.SHE 11 EPC/2004-05, Dated 25-02-2005 as illegal and void and pass Counsel for the Petitioner:MR.P.PRATAP REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 16735 of 2008 Oral Order: It is the synoptic representation on behalf of the learned counsel for the petitioner and the learned Government Pleader for Irrigation and Command Area Development that the relief sought in this writ petition is covered by the judgment of this Court dated 23-07- 2008 in W.P.Nos. 12979 and 13034 of 2008. In the light of the conjoint submission on behalf of the parties herein and the judgment of this Court referred to above, this writ petition is disposed of in terms of the judgment dated 23-07-2008 in W.P.Nos. 12979 and 13034 of 2008 declaring that the respondents are not entitled to retain any amounts from the running bills of the contractor except as warranted by and in terms of clause 47 of the Conditions of Contract set out in Part-A Volume 1 of the contract between the parties relating to package No. 26 of HNSS Project or as may be retained under any other speciﬁc clause of the contract. The deduction of 2% amounts towards maintenance charges over and beyond the 5% (referable to Clause 47) cannot be retained under the colour of Clause 47. The writ petition is disposed of as above. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 28-08-2008 pvks