HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.16276 of 2011 Date: 27-06-2011 Between: M/s. Simplex – Subhash Joint Venture, 12/1, Nellie Sengupta Sarani, Kolkata, rep.by its authorized signatory Mrs.M.V.Sunitha Reddy and another … Petitioners and State of Andhra Pradesh, rep.by its Principal Secretary To Government, Irrigation & CAD Department, Secretariat Building, Hyderabad and three others … Respondents HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.16276 of 2011 ORDER: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the amounts payable to the petitioners by applying Memo No.5217/Reforms/06 dated 23-02-2006 as illegal, arbitrary and declare that the Memo No. 5217/Reforms/06 dated 23-02-2006 of the 1st respondent has no application to the petitioner’s contract in respect of the work of “Earth Work Excavation Forming Embankment and Construction of CM & CD works including investigation, Designing and Estimation of SRSP – Flood Flow Canal from Km.70.000 to Km.86.000 in Rampur(V), Mallial Mandal, Karimnagar District on turnkey system” and consequently direct the respondents to release the amounts forthwith which were unlawfully withheld along with reasonable interest and pass such other order or orders as this Hon’ble Court may deem fit, just and proper in the circumstances of the case and in the interest of justice.” When the matter was taken up, learned counsel for petitioners states that this writ petition is covered in view of orders dated 28-08-2009 passed by this Court in W.P.No.443 of 2009 and batch. Even the learned Government Pleader for Irrigation and C.A.D., appearing on behalf of respondents, admits the same. In that view of the matter, this writ petition is allowed, restraining the respondents from withholding any amount 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. No costs. ______________________ ASHUTOSH MOHUNTA, J. 27th June 2011, Rns