IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15832 of 2009 Between: M/s I.V.R.C.L. – SEW and Prasad (JV), having its registered office at D.No. M 22/3 RT, Vijayanagar colony, Hyderabad represented by its authorized signatory, Mr.A.Krishna Reddy. ..... PETITIONER AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad and 4 others. .....RESPONDENTS THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15832 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in withholding and deducting bill amounts payable to the petitioner, contrary to the agreed terms of contract, in respect of the works allotted to the petitioner in Mahatma Gandhi Kalwakurthy Lift Irrigation Scheme Package No.28, as illegal and arbitrary and consequently sought for a direction to the respondents to refund all the amounts illegally deducted from the bill amounts of the petitioner and also forbear the respondents from making any deductions in future from out of the amounts payable to him for the work carried on by him. When this matter is taken up for hearing, the learned Counsel appearing on either side fairly conceded that the issue involved in this writ petition is squarely covered by a decision of this Court in Writ Petition No.443 of 2009 and batch dated 28.08.2009. Following the aforesaid decision, this writ petition is also allowed and the respondents are restrained from withholding any amounts towards EMD and retention amounts contrary to the terms envisaged in the contracts entered into with the petitioner. The excess amounts, if any, withheld shall be released to the petitioner within a reasonable period which shall not be later than three months from today. No costs. ______________________________ (GOPALA KRISHNA TAMADA, J) 18-09-2009 Gsn.