THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.1323 of 2006 (Dated : 21-07-2010) Between: Sri C.Ayyapu Reddy S/o C.Nagi Reddy R/o Sangala village and post, Gadwal, Mahaboobnagar District. …Petitioner A n d The Chief Administrative Officer, Construction South Central Railway, Secunderabad and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.1323 of 2006 ORDER: This writ petition has been filed by Sri C.Ayyappu Reddy with a prayer to issue a mandamus declaring the action of the respondents in withholding seignorage charges on the ordinary earth, pursuant to letter No.W.44/B Vol.IV, dated 25-6-2004 from the bills payable in respect of Contract Agreement No.66/CAO/C/SC/2005, dated 23.11.2005 as arbitrary and illegal. 2. Rule nisi came to be issued on 27.01.2006. An interim order also came to be issued on the even date, vide W.P.M.P.No.1578 of 2006. 3. When the writ petition came up for hearing, learned counsel appearing for both the parties agreed that the issue involved in this writ petition is squarely covered by a Division Bench judgment of this Court in M/s. MRKR-MBGEC v. Chief Administrative Officer, Construction, South Central Railway[1], wherein it has been held as follows: “ Where the petitioners are having an effective alternative remedy by way of civil suit or by seeking reference of dispute to arbitrator as to interpretation of terms and conditions of contract, writ petition is not maintainable”. 4. In that view of the matter, the writ petition is dismissed reserving liberty to the petitioner to avail alternative remedy by seeking reference of the dispute to the arbitrator as per Clause 28 of the Contract Agreement. Consequently, interim order granted on 27.01.2006 shall stand vacated. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.21-07-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.1323 of 2006 DATED : 21-07-2010 [1] 2006(3) ALT 274 (D.B)