{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4318 OF 2009 Dipaksingh Shankarsingh Tehera PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.S.R.Bagal, Advocate for petitioner Mr.V.H.Dighe, AGP for respondent State ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 30th July 2009 PER COURT: 1. Learned counsel for petitioner very fairly states that tender of some other tenderer has been accepted and in the light of the acceptance of the tender of other tenderer the relief, which the petitioner has sought for i.e. to declare him as qualified, would not survive any longer. Learned counsel for petitioner, therefore, seeks to withdraw this petition with liberty to file a petition afresh for inclusion of challenge to the allotment of the tender to other tenderer. Petition is dismissed as withdrawn with the aforesaid liberty. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4318-09