IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14356 of 1998 Between: 1 P. Madhusudhana Rao S/o Subba Rao Patamata, Vijayawada 2 A.V. Subba Rao Bharathi Nagar, Vijayawada 3 K.V. Mohan Rao S/o Gopala Rao Vidyuth Nagar, Visakhapatnam 4 Vadlamudi Bala Krishna S/o Anjaneyulu K.D.O.'s Colony, Vijayawada 5 M. Madhusudhana Rao S/o Krishna Murthy Thiruvuru (Village) & (Mandal), Krishna District. 6 Laxmi Constructions Rep by its Managing Partner, N. Sagar Bharathi Nagar, Vijayawada 7 N. Rammohana Reddy Kalivelapalem, Nellore District. ..... PETITIONERS AND 1 Superintending Engineer Irrigation Circle, Warangal. 2 Superintending Engineer N.S.P. Circle, Tekulapally, Khammam. 3 Superintending Engineer R.W.S., Panchayat Raj Circle, Guntur. 4 Superintending Engineer R.W.S., Panchayat Raj Circle,Vijayawada 5 Superintending Engineer, R.W.S., Panchayat Raj Circle, Warangal. 6 Superintending Engineer Public Health Circle, Warangal 7 Superintending Engineer Construction Circle,N.S.P., Nuzivid 8 Executive Engineer (dismissed) Agricultural Market Committee, Hyderabad. (Dismissed for default vide Court Order dt.28.3.03) 9 Executive Engineer (dismissed) Durgamalleswara Swamy Varla Devasthanam, Vijayawada (Dismissed for default vide Court Order dt.28.3.03) 10 Chief Engineer, T.T.Devasthanam, Tirupati (Dismissed for default vide Court Order dt.28.3.03) 11 Commissioner, Guntur Municipality, Guntur (Dismissed for default vide Court Order dt.28.3.03) 12 Commissioner, Eluru Municipality, Eluru (Dismissed for default vide Court Order dt.28.3.03) 13 Chief Engineer Panchayatraj, NABARD, Hyderabad. (Dismissed for default vide Court Order dt.28.3.03) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action the respondents is not issuing tender schedules on the ground of non-payment of Earnest Money Deposit, Commercial Tax clearance certificate and Experience certificate as illegal, arbitrary and violation of fundamental rights under Art. 19(1)g and consequently direct the respondents to issue tender schedules to the petitioners in all tender notices without insisting Earnest Money Deposit, Commercial tax clearance certificate and Experience certificate by following G.O.Ms.No.178 dt: 27-9-1997. Counsel for the Petitioner:MR.K.ANJI REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: ORDER: Learned counsel for petitioner submitted that the cause in the writ petition does not survive and it has become infructuous. Recording the submission of the learned counsel for petitioner, the writ petition is dismissed as infructuous. No costs. _______________ N.V.RAMANA,J 16-3-2005 TVK To 1 The Superintending Engineer Irrigation Circle, Warangal. 2 The Superintending Engineer N.S.P. Circle, Tekulapally, Khammam. 3 The Superintending Engineer R.W.S., Panchayat Raj Circle, Guntur. 4 The Superintending Engineer R.W.S., Panchayat Raj Circle,Vijayawada 5 The Superintending Engineer, R.W.S., Panchayat Raj Circle, Warangal. 6 The Superintending Engineer Public Health Circle, Warangal 7 The Superintending Engineer Construction Circle, N.S.P.,Nuzivid 8.. The Executive Engineer, Agricultural Market Committee, Hyderabad 9.. The Executive Engineer, Durga Malleshwara Swamy Varla Devasthanam, Vijayawada. 10.. The Chief Engineer, T.T.Devasthanam, Tirupati 11.. The Commissioner, Guntur Municipality, Guntur. 12.. The Commissioner, Eluru Municipality, Eluru 13.. The Chief Engineer, Panchayatraj, NABARD, Hyderabad 8. 2 CCs to G.P. for Irrigation and Command Area Development, High Court Buildings, Hyderabad. (OUT) 9 2 CD copies Form-NIC-OGS/WP{JPK}