IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16739 of 2008 Between: M/s. Sri Avantika-Sai Venkat (JV) rep by Authorized Signatory, A. Sreeramulu S/o Sri Chennaiah aged 59 years, Occ: Business, R/o 3/457, Lakshmipuram. Nellore District. ..... PETITIONER AND 1 State of Andhra Pradesh, rep by the Superintendent Engineer, Handi Nivas Sujala Sravanthi (HNSS) Circle, Anantapur. 2 Chief Engineer Projects), Irrigation & CAD Department, Ananthapur. 3 Superintending Engineer AVR HNSS Circle, No.1, Kurnool. Kurnool District. 4 The Executive Engineer, AVR, HNSS Division 2, Kurnool Kurnool District. 5 The Pay and Accounts officer (Works & Projects), Kurnool, Kurnool 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 a Writ, inthe nature of a Writ of Mandamus or any other appropriate Writ, direction or order, declarignthe Memo No. CE (PO/ATP/P-15/146Kl dated 09/04/2008 of the Chief Engineer (Projects) I & CAD Department, Anantapur, and the consequential Memo No. SE/HNSS_I/KNL/TS/AEE2/P. 24/W/150Hq dated 15/05/2008 of the Superintending Engineer AVR HNSS Circle No.1, Kurnool, the 3rd respondent herein, and also Lr.No. PAO/KNL/Sn.I/EPC/2008-09/11, dated 16/04/2008 of the pay and Accounts Oﬃcer, Kurnool the 5th respondent herein, directing recoveryof 2% on contract price towards maintenace charges over and abvoe the 5% on contract price towards maintenance charges over and above the 5 % retention amount in respect of package No. 25 of HNSS.Canal, awarded to the petitioner Under Agreement No. SHE 8 EPC/2004- 05, dated 26/02/2005 as illegal and void and pass such other and further orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner:MR.P.PRATAP REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 16739 of 2008 Oral Order: It is the synoptic representation on behalf of the learned counsel for the petitioner and the learned Government Pleader for Irrigation and Command Area Development that the relief sought in this writ petition is covered by the judgment of this Court dated 23-07- 2008 in W.P.Nos. 12979 and 13034 of 2008. In the light of the conjoint submission on behalf of the parties herein and the judgment of this Court referred to above, this writ petition is disposed of in terms of the judgment dated 23-07-2008 in W.P.Nos. 12979 and 13034 of 2008 declaring that the respondents are not entitled to retain any amounts from the running bills of the contractor except as warranted by and in terms of clause 47 of the Conditions of Contract set out in Part-A Volume 1 of the contract between the parties relating to package No. 25 of HNSS Project or as may be retained under any other speciﬁc clause of the contract. The deduction of 2% amounts towards maintenance charges over and beyond the 5% (referable to Clause 47) cannot be retained under the colour of Clause 47. The writ petition is disposed of as above. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 28-08-2008 pvks