IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD. (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF OCTOBER, TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.18449 OF 2009 B e t w e e n: Navabharath Agro Oils and Fats, Ragudu (V), Sircilla (M), Karimnagar District, Rep. by its proprietor Smt. G. Shiva Kumari, W/o.Prabhakar, 46 Years, 5-1-79, Sircilla Town, Karimnagar District. - - - Petitioner. A n d A.P. State Agro Industries Development Corporation Limited, Regd. Office Block No.504, Hermitage Office Complex, Hill Fort Road,Hyderabad, Rep. by its Vice Chairman & Managing Director. - - - Respondent. 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 any Writ more particularly one in the nature of Writ of mandamus declaring the action of the respondent herein in insisting for EMD in the Tender notice in Ref. No.Agros/SHM/Bio- Tenders/2009-10, Dt.25-08-2009 as illegal, unjust and contrary to G.O.Ms. No.1020 Industries &Commerce (SSI) Department, Dt.30-11- 1976, consequently direct the respondent herein to receive petitioner’s tender schedule for supply of Bio-Fertilizers, Bio-Pesticide’s, Micronutrients, AP Formulas, Water Soluble, Neem Cake and Vermi Compost etc., under Department subsidy programmes for the year 2009-10 without insisting for E.M.D. amount and to consider the same on par with the others in the interest of Justice and pass such other order or orders in the circumstances case. Counsel for the Petitioner : MR.V.V.RAMANA RAO. Counsel for the Respondent : MR. The court made the following : THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.18449 OF 2009 O R D E R: The writ petition has been filed by the Petitioner seeking an appropriate writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein in insisting for Earnest Money Deposit (hereinafter ‘EMD’) in the Tender notice in Ref. No.Agros/SHM/Bio-Tenders/2009-10, dated 25-08-2009 as illegal, unjust and contrary to G.O.Ms. No.1020 Industries and Commerce (SSI) Department, dated 30-11-1976, consequently direct the respondent to receive petitioner’s tender schedule for supply of Bio-Fertilizers, Bio-Pesticide’s, Micronutrients, A.P Formulas, Water Soluble, Neem Cake and Vermi Compost etc., under Department subsidy programmes for the year 2009-10 without insisting for E.M.D. amount and to consider the same on par with the others in the interest of Justice. This Court on 03-09-2009 granted interim order as under : “If the petitioner purchased and submitted the tender form, the respondent authorities may consider the same along with other tender forms, without insisting upon payment of E.M.D”. The learned counsel for the petitioner and respondent submitted that pursuant to the interim order the respondent authorities have received the tender form without insisting E.M.D. and has been considered and that no further orders are necessary. Therefore, this Writ petition has become infructuous. Accordingly, the Writ petition is dismissed as infructuous. No order as to costs. __________________ G. CHANDRAIAH, J. DATE: 13-10-2009. Dsh/Dvs.