IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19254 of 2008 Between: 1 P.Rama Rao S/o.Late Gangayya R/o.D.No.2-34-8, Alcot Gardens, Rajahmundry, East Godavari District. 2 N.Mani Kumar S/o.late Emmanuel R/o.D.No.52-15-6/1, Rajendra Nagar, Rajahmundry, East Godavari District. ..... PETITIONER(S) AND Municipal Corporation of Rajahmundry, East Godavari District rep. by its Commissioner. .....RESPONDENT 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 appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring action of the respondent in insisting the petitioners to pay EMD for the Civil Contract works notified in "E" procurement tender notice dt. 25.8.2008 as illegal, arbitrary and unjust and contrary to the G.Os. issued by the Govt. of A.P. from time to time and consequently not to insist the petitioners for payment of E.M.D. in respect of the Tender Notice issued by the respondent in the interest of justice and to pass such other order or orders. Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: MR.A.VISHNU VARDHAN REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 19254 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are 2 in number apprehending that the Municipal Corporation, Rajamundry-respondent may insist payment of EMD for allotment of works for which tender have been called for a Civil contract dated 25-8-2008. 2. When the writ petition came up for admission, learned standing counsel of Rajahmundry Municipal Corporation received notice on behalf of respondent. 3. Heard learned counsel for the petitioners and learned standing counsel appearing for the respondent- Municipality. 4. Learned standing counsel submits that the respondent will follow G.O.M.s NO. 275 strictly and in which case insisting of EMD deposit from the Co-operative Society and individual belonging to SC, ST and Waddar Community does not arise. 5. In that view of the matter, this writ petition is disposed of directing the respondent-Corporation to follow G.O.Ms. No. 275 Irrigation & C.A.D. (Projects Wing, COD) Department, dated 26th September, 1994 where under registered societies and individuals belong to SC,ST and Wadderas are exempted for payment of EMD for works consisting upto R.20,00,000/-. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 5th September, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 19254 OF 2008 5th September, 2008.