HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1059 of 2011 Date : 25.01.2011 Between : M/s.Jayprakash-Gayatri Joint Venture, Hyderabad & another. …..Petitioners And State of Andhra Pradesh, rep. by Principal Secretary, Irrigation and CAD Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1059 of 2011 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in withholding the amounts payable to the petitioners, by applying Memo No.5217/Reforms/06, dated 23.02.2006, as illegal and arbitrary, and to declare that the said Memo has no application to the contract of petitioners, and consequently, direct the respondents to release the amounts withheld by them. It is the case of petitioners that by the impugned memo, certain amounts are retained by the respondents, contrary to the terms of concluded contract entered by the petitioners with respondents. When the matter is taken up, it is submitted by the learned counsel for petitioners that the subject matter of the writ petition is covered in view of the judgment of this Court in W.P.No.443 of 2009 and batch, dated 28th of August 2009. Even the learned Government Pleader appearing for respondents also states that the subject matter is covered by the aforesaid judgment. In view of the representation made by the learned counsel on both sides, this writ petition is allowed, restraining the respondents from withholding any amounts towards EMD and retention amounts contrary to the terms envisaged in the contract entered into with the petitioners. The excess amounts withheld, if any, shall be released to the petitioners within a period of three months from the date of receipt of this order. Subject to the above directions, the writ petition is allowed. No costs. ______________________ R. SUBHASH REDDY, J 25th January 2011 ajr