HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20698 of 2010 Date : 07.02.2011 Between : M/s.Manisha & Mulay (J.V), Aurangabad, rep. by its Works Manager. …..Petitioner And The State of Andhra Pradesh, rep. by its Secretary, Irrigation & CAD Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20698 of 2010 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring that the Memo Nos.5217/Reforms/2006, dated 23.02.2006, and 22829/Reforms(A1)/2008, dated 23.12.2008, issued by the 1st respondent, has no application to the petitioner’s contract covered by Agreement No.7/EPC/MG & JLIP/2005-06, dated 02.09.2005, and to further declare the action of the 3rd respondent in refusing to release the amount retained as per Clause 47.1 of the Agreement, as illegal, with a consequential direction to the respondents to release said amount to the petitioner. When the matter is taken up, it is submitted by the learned counsel for petitioner that the very same plea of withholding the earnest money deposit and retention amounts contrary to the terms of contract, is considered by a learned Single Judge of this Court in detail, in the case of Gammon India Ltd. Vs. Government of A.P.[1], as such, it is covered in view of the judgment referred above. Even the learned Government Pleader submits that by the aforesaid judgment, a batch of similar writ petitions are allowed by a learned Single Judge of this Court. Following the aforesaid judgment, this writ petition is allowed and the respondents are restrained from withholding any amounts towards EMD and retention amounts contrary to the terms envisaged in the contract entered with the petitioner. The excess amounts withheld, if any, on the aforesaid counts, shall be released to the petitioner, as expeditiously as possible, preferably within a period of three months from the date of receipt of this order. No costs. ______________________ R. SUBHASH REDDY, J 7th February 2011 ajr [1] 2009 ALT(6) 509