IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9319 of 2008 Between: Modern Vanguard security Agency rep by its Proprietor Major Puppala Venkata Rao (Retd) S/o Late Purappala Adinarayana aged 53 years D. No. 50-84-15, Santhipuram, Akkayapalem, Visakhapatnam,. ..... PETITIONER AND 1 The Union of India rep by its Secretary Ministry of Road, Transport & Highways, Central Secretarit Buildings, New Delhi. 2 National highway Authority, of India rep by its Project Director (Ministry of Shipping Road, Transport & Highways) PIU, (GQ) NHAI Enclave, KM 2/8, NG5, Hanumathawaka Visakhapatnam-530040 3 Directorate General of Resettlement, Ministry of Defence, West Block- 4, R.K. Puram New Delhi-110066. 4 Lt. Col. Anathavaran, Father's Names not known to the Petitioner D. No. 9-5-1/A/47, one more Nagar, Ibrahimbagh, Hyderabad-31 5 Capt. Ravikanth, Father's name not known to the petitioner, D. No. 88/8A, Sri Evi Kalyan Estates, J.J. Nagar, Secunderabad-56. 6 Lt. Col. C. Raja Sekhar Fathers, Neme not known to the Petitioner D. No. 88/8A, Sri Devi Kalyan Estates, J.J. Nagar, Secunderabad-87. 7 Cdr. C.V. Rajeswara Rao Fathers name not known to the petitioner, D. No. 9-80, Maruthinagar, Ramanayyapeta, Kakinada-05 East Godavari 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 will be pleased to issue any appropriate Writ, order or direction preferably a Writ in the nature of Writ of mandamus, declaringthe action of the respondent in not considering the offier of the petitioner herein in response to the invitation made by the 2nd respondent in terms of the proceedings dt 01- 04-2008 bearign No. NHA1/12980/PIU_VSP/Toll Plaza 2008/3741 inviting quottions for the purpose of Departmental collection of User Fee at Nathavalasa Toll Plaza for the Completed four laned stretch of HH t from KM. 654,. 204-Km 700.544 of Champavathi-Vsp-Section-Selection of Ex-Service Agencies, as illegal arbitrary and violative of Article 14 of constitution of India and consequently directthe respondents to forthwith consider the petitioner's offer along with others for the works of Departmental collection of User fee at Nathavalasa Tolla Plaza for the Completed four laned stretch of NG.5 from KM 654. 24-Km 700.544 of Champavathi-Vsp-Section-Selectionof Ex-Service agencies and to pass such other or further orders. Counsel for the Petitioner: MR.RAVI CHEEMALAPATI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : O R D E R: This writ petition has been filed by the petitioner assailing the action of the respondents in not considering the tender offered by him pursuant to the tender notification dated 1.4.2008. Learned Standing Counsel appearing for 2nd respondent submits that the tender itself has been cancelled and therefore no cause of action survives in this writ petition. The factual aspect of cancellation of the tender notice dated 1.4.2008 is not in dispute. In that view of the matter, this writ petition does not survive and the same is dismissed as having become infructuous. No costs. 4th July 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.9319 OF 2008 4TH JULY 2008.