IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4592 of 2008 Between: IVRCL,SEW & Prasad (J.V) authorized signature A.Krishna Reddy,S/o.Purshotham Reddy, D.No.223 RT, Vijayanagar Colony, Hyderabad. ..... PETITIONER AND 1 The Chief Engineer(Projects), Mahabubnagar, 2 The Superintending Engineer, NKLISI Circle, Mahabubnagar, 3 The Executive Engineer, NKLI-Division-II, Nagarkurnool, Mahabubnagar District. .....RESPONDENT(S) 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 an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the first respondent in issuing the impugned Memo bearing No. CE(P)MBNR/MGKLIP/P.28/2787 Dt:23-2-2008 unilaterally reducing the percentage of fuel and lubricants consumption from 24.254% to 12.129% in the execution fo works relating to Package No.28 of Kalwakurthy Lift Irrigation Scheme, under agreement No.3/EPC/NKLS/2004-2005 Dt:20-03-2005 and set aside the same as arbitrary and illegal. Counsel for the Petitioner:MR.P.VINAYAKA SWAMY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4592 of 2008 ORDER: Petitioner questions the memo issued by the 1st respondent on 23-02-2008 in reducing the percentage of fuel and lubricants consumption from 24.254% to 12.129% in the execution of works relating to package No.28 of Kalwakurthy Lift Irrigation Scheme, under agreement, dated 20-03-2005. Learned counsel appearing for the petitioner submits that the differential fuel cost was already collected by the respondents, as this court did not grant any stay. It is further stated that after filing of the writ petition, the respondents issued Memo, dated 11-04-2008 and letter, dated 25-03-2008, and, therefore, the petitioner seeks to withdraw this writ petition with liberty to make representations for the said memo and letter. Accordingly, the writ petition is dismissed as withdrawn with liberty to make representations for the Memo, dated 11-04-2008 and letter, dated 25- 03-2008 respectively. However, if any such representations are made, the respondents are directed to consider and dispose of the same in accordance with law. There shall be no order as to costs. ___________ 21-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}