IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26824 of 2008 Between: Andhra Pradesh Vaddera Labour Contract Cooperative Society Ltd., Manekeswara Nagar, O.U. Campus, Hyderabad, rep. by its Secretary, R. Narasigna Rao S/o. Ramulu. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Hyderabad rep. by its Commissioner and Special Officer, Hyderabad. 2 Superintendent Engineer-III, Greater Hyderabad Municipal Corporation, 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the illegal action of the respondents insisting payment of Security Deposit / Earnest Money deposit from the petitioner at the time of acceptance of tenders or allotment of works is illegal, arbitrary and violation of functional rights, consequently direct the respondent not to insist payment of Security Deposit / Earnest Money deposit from the petitioner at the time of acceptance of tenders or allotment of works within the jurisdiction of Respondent authorities. Counsel for the Petitioner:MR.K.ANJI REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER This writ petition has been filed seeking a Mandamus to declare the action of the respondents in insisting upon payment of Security Deposit/Earnest Money Deposit from the petitioner-Society at the time of acceptance of tenders or allotment of works, as arbitrary and illegal. Having heard the learned counsel for the petitioner and the learned standing counsel for the Greater Hyderabad Municipal Corporation appearing on behalf of the respondents, this Court is of the view that the respondents cannot insist upon payment of Security Deposit/Earnest Money Deposit in the light of Circular Memo NO.13628/K1/2002-1, dated 14.10.2002. In the said memo, certain concessions were provided to the Labour Contract Co- operative Societies formed with Schedule Caste, Schedule Tribe and Waddera communities and also to the individuals belonging to the said communities. In my considered view, the said concessions are strictly applicable to the petitioner-Society. The learned standing counsel for the respondent-Greater Hyderabad Municipal Corporation also fairly conceded that the members of the petitioner-Society can be exempted from payment of the said Security Deposit/Earnest Money Deposit etc. Accordingly, this writ petition is disposed of with a direction to the respondents not to insist upon payment of Security Deposit/Earnest Money Deposit from the petitioner at the time of acceptance of tenders or allotment of works. No costs. __________ 10-11-2008 Note: Issue order copy by wire at party’s costs. (B.O) rkk