IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 34904 of 1997 Between: 1 S.Ravi Kumar, S/o Sanjeeva Reddy 2 C.Srinivasa Reddy, S/o Parandhama Reddy 3 N.Srinadha Reddy, S/o Ramakrishna Reddy 4 K. Ravindranath Reddy, S/o Sivaram Reddy 5 P.Siva Prasad, S/o P.Dalaiah ..... PETITIONERS AND 1 The Govt. of A.P., Rep by its Secretary, Roads & Buildings, Secretariat Bldgs, Hyd. 2 The Superintending Engineer, Roads & Bldgs Dept., Cuddapah, Cuddapah dist. 3 T.Suryanarayana Reddy, S/o Narasa Reddy, R/o Jammalamadugu, Cuddapah Dist. .....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 issue a writ of mandamus or any other appropriate writ or order or direction, directing respondent No.2 to refrain from considering the tender schedule submitted by the 3rd respondent for item No.2 to 13, 22, 23 & 27 to 40 without producing the proof of ownership of Hot Mix Plant and without complying with condition No.16 of the Tender Notice No.27/D2/97-98 dt.11.11.97, which is mandatory by declaring the action of the respondent in permitting the 3rd respondent to submit as many as 28 tender schedule for the works mentioned in Tender notice dt.11.11.97 as arbitrary, illegal and unconstitutional. Counsel for the Petitioner : Mr.K.SURESHREDDY (not present) Counsel for Respondents : G.P. FOR TRANSPORT The Court made the following : ORDER: Questioning the action of the respondents 1 and 2 in considering the tender schedule submitted by the 3rd respondent for item No.2 to 13, 22, 23 & 23 to 40 without producing the proof of ownership of Hot Mix Plant and without complying with condition No.16 of the Tender Notice No.27/D2/97-98 dt.11.11.97, the present writ petition is filed. None appears for the petitioner. The learned Government Pleader appearing for respondents submits that no cause survives in this writ petition and it has become infructuous. Recording the submissions made by the learned Government Pleader, this Writ Petition is dismissed as having become infructuous. No order as to costs. _____________ N.V.RAMANA, J Date: 7.4.2005 DA/SVV To 1 The Secretary, Govt. of A.P., Roads & Buildings, Secretariat Bldgs, Hyd. 2 The Superintending Engineer, Roads & Bldgs Dept., Cuddapah, Cuddapah dist. 3 Two CCs to the G.P. for Transport, High Court Buildings, Hyderabad (OUT). 4 Two CD copies.