IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24050 of 2008 Between: 1 P.Rama Rao S/o.Late Gangayya R/o.D.No.2-34-8, Alcot Gardens, Rajahmundry, East Godavari District 2 N.Mani Kumar S/o.Late Emmanuel R/o.D.No.52-15- 6/1, Rajendranagar Rajahmundry, East Godavari District ..... PETITIONER(S) AND 1 The Superintending Engineer, Panchayat Raj Circle Kakinada, East Godavari District 2 The Executive Engineer, R&B ,Rajahmundry East Godavari District .....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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in insisting the petitioners to pay EMD for the Civil Contract works notiﬁed in "E" procurement tender notices dated 22.10.2008 and 18.10.2008 respectively as illegal, arbitrary and unjust and contrary to the G.Os issued by the Govt of A.P. from time to time and consequently direct the respondents not to insist the petitioners for payment of E.M.D in respect of the "E "Procurements tender notices issued by the respondents in the interest of justice Counsel for the Petitioner: MR.K.VENKATESH Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: The 2nd respondent issued tender notices dated 22-10-2008 and 18-10-2008 inviting tenders for construction of ﬁshermen community hall at Kothanjalaripet and for the repairs of the roof at I Additional District Court at Rajahmundry and four other works and estimated at Rs.15,00,000/- and Rs.6,25,000/- respectively. The petitioners state that they are registered civil contractors and belong to scheduled caste. Their grievance is that the respondents are not extending the beneﬁt of exemption from making the deposit of EMD, and seeks necessary directions, in this regard. Heard the learned counsel for the petitioners and the learned Government Pleader for Roads and Buildings. In G.O.Ms.No.52, Transport, Roads & Buildings (B.1-1) Department, dated 18-03-2000, the Government exempted the Labour Contract Cooperative Societies of SCs, STs and Wadderas, from making deposit of EMD for the works up to Rs.20,00,000/-, and the individuals of those categories, for the works up to Rs.10,00,000/-. The present works are estimated to be more than Rs.21,25,000/-. In that view of the matter, if G.O.Ms.No. 52, dated 18-03-2000, alone is the order governing the ﬁeld, the petitioners cannot claim the beneﬁt. On the other hand, if there exists any other order, they need to be extended the benefit. Hence, the writ petition is disposed of, directing that in case the petitioners are able to cite any order, binding upon the Department providing exemption in their favour, the respondents shall consider the same and take necessary decision. L.NARASIMHA REDDY, J 04-11-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintending Engineer, Panchayat Raj Circle Kakinada, East Godavari District 2 The Executive Engineer, R&B ,Rajahmundry East Godavari District 3 Two CCs to the Government Pleader for Panchayat Raj, High Court of Andhra Pradesh, Hyderabad (OUT). 4 Two CD copies.