IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTYFIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE G. ROHINI WRIT PETITION No. 22046 OF 2010. Between: M/s. Maytas – NCC (JV) Hyderabad Represented by its Project Manager, Sri Pradeep Sharma, Plot No.4-A, D.No. 6-3-680/8/3, Sri Laxmi Vishnu Sadan Thakur Mansion Lane, Somajiguda, Hyderabad & Anr. … Petitioners V/s. Government of Andhra Pradesh Represented by its Principal Secretary, Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad & 3-Ors. … Respondents Counsel for the Petitioners : Sri P. Venkat Reddy Counsel for the Respondents : GP for Irrigation & Command Area Development For Respondents 1 to 4 The Court made the following order : (order follows 2nd page onwards) THE HONOURABLE SRI JUSTICE G. ROHINI WRIT PETITION No. 22046 OF 2010 O R D E R : This writ petition is filed seeking mandamus to declare the action of the respondents in withholding the amounts payable to the petitioners by applying Memo No. 22829/Reforms (A-1)/2008, dated 23-12-2008 as illegal, arbitrary and to declare the Memo No. 22829/Reforms (A-1)/2008, dated 23-12-2008 issued by the first respondent has no application to the petitioners contract in respect of the work of Package No.16 – Earth Work Excavation, Embankment and Construction of CM & CD works including investigation, designing and erection of SLSP Flood Flow canal from KM 86.000 to 103.000 in Balwlanthpur village, Mallal Mandal, Karimnagar district and consequently to direct the respondents to release the amounts forthwith, which were unlawfully withheld along with reasonable interest and further to declare that the respondents are not entitled to withhold such amounts towards interest on mobilization advance for the period delayed by the respondents in any future bills payable to the petitioner and to pass such other and further orders as this Court may deems fit and proper in the circumstances of the case. When the matter is taken up for consideration, it is represented by the learned counsel for the petitioner that the issue involved in this writ petition is squarely covered by a judgment of this Court dated 20-08-2009 in WP.No. 443 of 2008 and batch, restraining the respondents from withholding any amounts towards EMD and retention amounts contrary to the terms envisaged in the contracts entered into with the petitioners. The excess amounts, if any, withheld shall be released to the petitioners within a reasonable period which shall not be later than three months. The learned Government for Irrigation and Command Area Development has not disputed the fact that the petitioners herein are also similarly situated. Accordingly, the writ petition is disposed of in terms of the above directions in WP.No.443 of 2008 and batch. No costs. ________________________ JUSTICE G. ROHINI. 31-12-2010 I s L THE HONOURABLE SRI JUSTICE G. ROHINI WRIT PETITION No. 22046 OF 2010 CIRCULATION ENTRY No. Date: 31-12-2010 Court Master: I s L Computer No. 43