HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.7401 of 2011 Date of Order:17.11.2011 Between: M/s.Pratibha Constructions Engineers & Contractors (India) Pvt. Ltd., rep. by its Sri J.Ravinder Rao and others ..Petitioners and The State of Andhra Pradesh, Rep. by Principal Secretary to Government And others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.7401 of 2011 ORDER :- This writ petition is filed by the petitioner to issue a 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 petitioners contracts in respect of the agreement No.36/BLIP/2004-05, dated 05.03.2005, agreement No.16/EPC/MGJLIHP/P- 107/2005-06, dated 24.10.2005, and agreement No.15/PA&SE/EPC/MG&JLIP/ P.106, dated 24.10.2005, respectively and consequently direct the respondents to release the amounts forthwith. 2. It is case of the petitioners that by the impugned memo certain amounts are retained by the respondents, contrary to the terms of concluded contract entered by the petitioners with respondents. 3. When the matter is taken up, it is submitted by the learned counsel for the petitioners that the subject matter of the writ petition is covered in view of the judgment of this court in W.P.No.443 of 2009 and batch, dated 28.08.2009. Learned Government Pleader appearing for the respondents also states that the subject matter is covered by the aforesaid judgment. 4. In view of the representation made by the learned counsel on both sides, this Writ Petition is allowed, restraining the respondents from withholding the amounts payable to the petitioners 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 a copy of this order. There shall be no order as to costs. ________________ K.C. BHANU, J November 17, 2011. lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.7401 of 2011 Date: 17.11.2011 LMV