IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14576 of 2008 Between: 1.Dr. Bhjeem Rao Ambedkar Society (Regd) S.C. Labour Contract Co- operative Society Ltd,. Adilabad, rep by its President H. Yogender S/o Seetha Ram 2.Panchasheel S.C. Labour Contract Co-opertive Soceity Ltd.,(Regd), Adilabd, rep by its President, B. Vilas S/o Bhoomanna, aged 35 years. 3.Pragathi S.C. Labour Contract Co-opertive Soceity Ltd., Adilabd, rep by its President, J. Ashanna S/o Hanmanthu aged 40 years 4.Sahyadri S.C. Labour Contract Co-opertive Soceity Ltd., rep by secretary M. Swamy, S/o Narsimlu aged 50 years. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep byits Principal Secretary to the Panchayath Raj (Engineering)Department, Secretariat Buildings, Hyderabad. 2 The Superintendent Engineer, PAnchayath Raj and RWS Circle, Adilabad. 3 The Executive Engineer, Panchayat Raj Nirmal Division, Nirmal, Adilabad District. .....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, order or direction, declaring the action of the respondents in not following the rule of reservation for allotting the tenders in favour of the schedule casts and schedule tribes labour contract societies in tender notification No. To/1/2008 dated 24-6-2008 issued by the respondent No.3 and not issuing the Tender Schedules on free of cost to the petitioners societies and not indicating the payment of EMD is exempted, as arbitrary, illegal, null and void and voilative of ARticles 14 and 21 of the Constitution of India, consequently direct the respondents to follow circular Memo No. 13628/K1/2002-1 dated 14-10-2002 and exempt the EMD to the petitioners societies and to issue the tender schedules on free of cost enabling the petitioners societies to participate in the tenders in the tender notification issued by the respondent No.3 in tender Notification No TO/1/2008 dated 24-6-2008. Counsel for the Petitioners: MR.K.VENUMADHAV Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14576 of 2008 ORDER: It is represented by the learned counsel for the petitioners that the cause in this writ petition does not survive, since the tender notice in question was withdrawn. Accordingly, the writ petition is dismissed as infructuous. No costs. However, this shall not preclude the petitioners from instituting a fresh writ petition, in case necessity thereof arises. _______________ 14.07.2008 VGB