IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 10744 of 2006 Between: M/s. Nagarjuna Construction Co. Ltd Rep. by its Senior General Manager B.A.N. Raju, R/o. Nagarjuna Hills, Punjagutta, Hyderabad - 82. ..... PETITIONER AND 1 The Superintending Engineer, Construction Cirlce, Irrigation & Command Area Development (CAD) Ongole, Prakasam District. 2 The Executive Engineer, Gundlakamma Reservoir Project, Division No.I, Ongole, Prakasam District. .....RESPONDENTS 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 to issue a writ, more particularly one in the nature Writ of Mandamus declaring the action of the respondents in recovering the seignorage charges for ordinary earth from out of the bills payable for executing the contract works covered under the Agreement No. 1PAR/2004- 2005, Dt. 15.7.2004 executed by the 1st respondent herein in favour of the petitioner work relating to Formation of Left Earth Dam from Kms 0.000 to 1.650 including Construction of Head Sluice and Spill way of Gundlakamma Reservoir Project near Chinnamallavaram Village, Maddipadu Mandal, Prakasam District despite the orders passed by the Government Memos No. 1885/SRSB. I (2)/2003-04, Dt. 8-2-2003 and No. 4907/E(2)/2004-1, Dt. 15-9-2005 as illegal, arbitrary, unjust and without jurisdiction and consequently direct the respondents to implement the Government Memo No. 1885/SRSB.I (2)/2003-04 Dt. 8-2-2003 and No. 4907/E(2)/204-1, Dt. 15-9-2005 and pay the contract bills for the above said works without recovering the seignorage charges from the petitioner for ordinary earth and pass such other orders. Counsel for the Petitioner:MR.C.H.SATISH KUMAR Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 10744 of 2006 Oral Order: Petitioner wants to withdraw the writ petition with liberty to file a fresh writ petition in accordance with law. The writ petition is dismissed as withdrawn with liberty granted as sought. The interim order dated 31.5.2006 stands dissolved. No costs. ____________________ GODA RAGHURAM,J DATE: 4th August, 2008 pnb