IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19756 of 2008 Between: M/s. PCL - STICCO (J.V), Having its registered Office, at 7th Floor, Raghava North Block, Raghava Ratna Towers, Chirag Ali Lane, Hyderabad, Represented by Authorized Person Mr. Maduri Madhusudhan. ..... PETITIONER AND 1 National Highways Authority of India, (Ministry of Shipping, Road Transport and Highways), G-5 and G-6, Sector-10, Dwaraka, New Delhi - 110 075. Represented by its General Manager (C.K.II). 2 Minister of Road Transport & Highways, Transport Bhawan, Sansad Marg, New Delhi. Represented by its Secretary. .....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 an appropriate order, direction or writ more particularly one in the nature of writ of Mandamus declaring that the notice published by the National Highways Authority of India, the 1st respondent herein, inviting sealed item rate bids in respect of the balance works of widening to 4/6 lanes and rehabilitation of existing 2- lane Carriageway of Ganjam-Sunakhala Section (Km 284.000 to Km 338.00) of NH-5, Orissa, is arbitrary and illegal being violative of Article 14, 21 and 299 of the Constitution of India and that the respondent is legally bound to consider the offer of the petitioner apart from being just fair and proper to allow the petitioner to complete the said balance works, being the subject matter of the aforesaid notification, as per the terms to be settled amicably between the petitioner and the 1st respondent and to pass such other order or orders. Counsel for the Petitioner: MR.DEEPAK MISRA Counsel for the Respondent No.: . The Court made the following : ORDER: Sri Deepak Misra, learned counsel for the petitioner filed a letter in the registry seeking permission of the court to withdraw the writ petition with liberty to institute fresh proceedings in proper forum having jurisdiction. Accordingly, permission is granted and the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. N.V.RAMANA,J DT.19.2.2009 msv