1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3016 of 2009 (Parmeshwar Construction ..vs.. The Chief Engineer, Irrigation Dept. and others) ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Shri P.S. Patil, Counsel for the petitioner, Shri P.S. Tembhare, Counsel h/f Shri J.T. Gilda, Counsel for respondent Nos. 1 to 3. CORAM:- D.B. BHOSALE AND P. B. VARALE, JJ. DATED :- 19 th JULY, 2010 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioners are seeking direction to respondent No.2-Executive Engineer to cancel Tender No. 5, 6 dated 12/3/2009 and Tender No. 7, 8 dated 27/2/2009 (Annexure-III, IV, V & VI) issued by him for the repairs of approach road of Upper Wardha Canal and for other miscellaneous work. In reply, respondent Nos. 1 to 3 have filed affidavit dated 9-7-2010 and in paragraphs 1 and 2 thereof have stated thus:- “1. That as per tender notice No.5 out of 23 works, work order have issued to 19 contractors and in tender Notice No.6 out of 21 works, work orders have been issued to 19 contractors. 2. That as per the work order issued 26 2 works have been commenced 6 month before and in 10 works, 25 to 50% work is completed while in 9 works 50 to 90% work is completed while in 7 cases more than 90% work is completed.” In view of the statements made on affidavit, in our opinion, the challenge in the writ petition has become infructuous. Hence, the writ petition is disposed of as infructuous. JUDGE JUDGE pma