Telangana High Court
WP/22046/2010 of M/s. Maytas-NCC (J.V.) Vs The Government of Andhra Pradesh, on 31 December 2010
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTYFIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE G. ROHINI WRIT PETITION No. 22046 OF 2010. Between: M/s. Maytas – NCC (JV) Hyderabad Represented by its Project Manager, Sri Pradeep Sharma, Plot
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
FRIDAY, THE THIRTYFIRST DAY OF DECEMBERTWO THOUSAND AND TEN
PRESENT
THE HONOURABLE SRI JUSTICE G. ROHINI
WRIT PETITION No. 22046OF 2010.
Between:
M/s. Maytas – NCC (JV) HyderabadRepresented by its Project Manager,Sri Pradeep Sharma, Plot No.4-A,D.No. 6-3-680/8/3, Sri Laxmi VishnuSadan Thakur Mansion Lane,Somajiguda, Hyderabad & Anr. … Petitioners
V/s.
Government of Andhra PradeshRepresented by its Principal Secretary,Irrigation Command Area Development Department,Secretariat Buildings,Hyderabad & 3-Ors. … Respondents Counsel for the Petitioners : Sri P. Venkat Reddy Counsel for the Respondents : GP for Irrigation & Command Area Development For Respondents 1 to 4
The Court made the following order : (order follows 2[nd] page onwards)
THE HONOURABLE SRI JUSTICE G. ROHINIWRIT PETITION No. 22046 OF 2010
O R D E R:
Page 1 of 2
This writ petition is filed seeking mandamus to declare theaction of the respondents in withholding the amounts payable to thepetitioners by applying Memo No. 22829/Reforms (A-1)/2008, dated23-12-2008 as illegal, arbitrary and to declare the Memo No.22829/Reforms (A-1)/2008, dated 23-12-2008 issued by the firstrespondent has no application to the petitioners contract in respect ofthe work of Package No.16 – Earth Work Excavation, Embankmentand Construction of CM & CD works including investigation,designing and erection of SLSP Flood Flow canal from KM 86.000 to103.000 in Balwlanthpur village, Mallal Mandal, Karimnagar districtand consequently to direct the respondents to release the amountsforthwith, which were unlawfully withheld along with reasonableinterest and further to declare that the respondents are not entitled towithhold such amounts towards interest on mobilization advance forthe period delayed by the respondents in any future bills payable tothe petitioner and to pass such other and further orders as this Courtmay deems fit and proper in the circumstances of the case.
When the matter is taken up for consideration, it isrepresented by the learned counsel for the petitioner that the issueinvolved in this writ petition is squarely covered by a judgment of thisCourt dated 20-08-2009 in WP.No. 443 of 2008 and batch, restrainingthe respondents from withholding any amounts towards EMD andretention amounts contrary to the terms envisaged in the contractsentered into with the petitioners. The excess amounts, if any, withheldshall be released to the petitioners within a reasonable period which shall not be later than three months.
The learned Government for Irrigation and Command AreaDevelopment has not disputed the fact that the petitioners herein arealso similarly situated.
Accordingly, the writ petition is disposed of in terms of theabove directions in WP.No.443 of 2008 and batch. No costs.
________________________
JUSTICE G. ROHINI.
31-12-2010I s L
THE HONOURABLE SRI JUSTICE G. ROHINI
WRIT PETITION No. 22046 OF 2010
CIRCULATION ENTRY No.Date: 31-12-2010Court Master: I s LComputer No. 43
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