THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :20156 of 2009 DATED: 22-09-2009 Between: K.C.L.JCCG (JV) Plot No.51, 1st floor, Srinivasa Colony (West) Ameerpet, Hyderabad, Rep., by its GPA holder. ..... PETITIONER And The State of A.P., Rep. By its Secretary, Irrigation & CAD Department, Secretariat, Hyderabad & 4 others. .....RESPONDENTS ORDER: Petitioner approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that the Honourable Court may be pleased to pass orders particularly one in the nature of writ of Mandamus declaring the action of the respondents in applying the Govt.Memo No.22829/Reforms (A-1)/2008 dated 23-12-2008 issued by the 1st respondent and the consequential letter of the respondent No.3 in Memo No.DB/W8/C/ATO.1/299 DM dated 04-08- 2009 at the instance of 1st respondent vide Memo No.CE (P) ATP/ HLC/ H32/189, dated 23-07-2009, communicated vide respondent No.5 Endt. No.AB/ EC2/ FP32/7291, dated 13-08-2009 demanding the petitioner to refund the retention amount already released against bank guarantee, as arbitrary, illegal, misconceived and violative of Articles 14 and 21 of the Constitution of India and violative of agreement, dated 09-03-2005, and the principles of natural justice and consequently declare the same as not applicable to the petitioner’s contract, dated 09-03-2005 and direct the respondents to release the accumulated retention amount with them on furnishing bank guarantee by the petitioner and grant such other relief as may be deemed just and proper in the circumstances of the case”. 2. When this matter is taken up for hearing, the learned counsel for the petitioner produced a copy of the order, dated 28- 08-2009, in W.P.No.443 of 2008 & batch. 3. Learned Government Pleader also submits that similar orders can be passed in this Writ Petition. 4. In the light of the above, respondents are hereby restrained from withholding any amounts towards Earnest Money Deposit 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 on his furnishing bank guarantee within a period of three months from today. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 22nd September, 2009. Tsy