IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9310 of 2008 Between: Geeta S.C. Balaheenavargala Labour Contract Coop. Society Limited, Chandapally, Post Peddapally Mandal, Peddapalli, Karimnagar district rep by its President R. Laxmaiah S/o Bheemaiah, aged 50 years. ..... PETITIONER AND 1 The Superintending Engineer (R&B) Karimnagar, Karimnagar District. 2 The Executive Engineer (R&B) Peddapally, karimnagar District. 3 The Superintending Engineer, panchayat Raj Engineering Department, Karimnagar, Karimnagar District. 4 The Executive Engineer, Panchayat Raj Karimnagar, Karimnagar 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 issue Writ order or Direction more particularly one in the nature of Writ of Mandamus, declarign the action of the respondents in not entrusting the works pursuant to the e- procurement Tender Notice to the petitioner society and insisting for payment of the EMD contrary to the guidelines specified in G.O.Ms. No. 52 dt 18-3-2000, as wholly illegal, arbitrary, unconstitutional and consequently direct the respondent to entrust the works pursuant to the e-Procurement Tender Notice to the petitioner society without insisting the EMD, and to grant such other relief of reliefs as this Hon'ble Court deems fit and proper inthe circumstances of the case. Counsel for the Petitioner:MR.B.PARAMESEWARA RAO Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9310 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the respondents in not entrusting the works pursuant to the e-Procurement Tender notice to the petitioner and insisting for payment of EMD contrary to guidelines specified in G.O.Ms No. 52 dated 18.3.2000 as illegal. The petitioner herein is a registered society carrying out various contract works. Pursuant to the e-Procurement Tender notice for carrying various works of laying roads, patch works etc, the petitioner has submitted its application for entrustment of works. The petitioner society claims that it is exempted from payment of Earnest Money Deposit in terms of G.O. Ms No. 52 Transport, Roads & Buildings (B.1-1) Department dated 18.3.2000, whereby the labour cooperative contract societies of SC/ST/Wadders are exempted from payment of EMD to the works costing upto Rs.20.00 lakhs. It is also stated that the Government has issued a circular memo dated 4.4.2000 instructing all the Engineering Departments in the State to implement the guidelines issued vide G.O. ms No. 52 dated 18.3.2000 and allege that in spite of the same, the respondent authorities are insisting for payment of Earnest Money Deposit. Hence, the present writ petition. Today when the matter is taken up, learned Government Pleader for Panchayat Raj, fairly conceded that the petitioner society is entitled to the benefit of exemption of payment of Earnest Money Deposit in terms of G.O. Ms No. 52 dated 18.3.2000. Heard the learned counsel for petitioner and learned Government Pleader for Panchayat Raj. Both counsel agreed for disposal at the admission stage. In view of the statement of the learned Government Pleader for Panchayat Raj that the petitioner society is entitled to the benefits provided under G.O. Ms No. 52 dated 18.3.2000, the writ petition is allowed and the respondents are directed to consider the tender submitted by the petitioner in pursuance of the e-Procurement Tender Notice, without insisting on payment of Earnest Money Deposit. No costs. _____________ N.V.RAMANA,J DATE: 28.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9310 of 2008 Date: 28.4.2008