IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWELFTH DAY OF FEBRUARY, TWO THOUSAND NINE ONLY WRIT PETITION No.24551 of 2002 Between: Sri Sai Teja Shipping Services, reptd., by its Partner-Nasheen, s/o.Ghouse Mohiddin, Kakinada, East Godavari District. … Petitioner And Mineral Metal Trading Corporation, Reptd., by its Managing Director, having its Office at MMTC Bhavan, Port area, Visakhapatnam. … Respondent Counsel for the petitioner: None. Counsel for the respondent: Sri Sheik Jeelani Basha for Sri S.Dwarakanath This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare condition (iii) of the tender conditions contained in the tender notification dated 2-12-2002 issued by the respondent, as arbitrary, illegal and unconstitutional. At the hearing, there is no representation for the petitioner. A perusal of the proceedings sheet shows that on 10- 12-2002 this Court granted interim stay in WPMP No.30889 of 2002. The said order was subsequently modified by order dated 2-5-2003 in WVMP No.32 of 2003, wherein this Court permitted the respondent to finalize the tender in pursuance of the impugned tender notice by making it clear that the agreement with the successful bidder shall be subject to the result of the Writ Petition. At the hearing Sri Sheik Jeelani Basha, learnd counsel representing Sri S.Dwarakanath, learned counsel for the respondent, submitted that in pursuance of the said order contract was awarded to a third party and execution of the contract has been completed. No one is present on behalf of the petitioner to controvert this statement of the learned counsel for the respondent. More over, the successful tenderer has not been impleaded as a party to this Writ Petition, and it is not possible for this Court to grant any relief to the petitioner by his back. For the above-mentioned reasons, the Writ Petition is dismissed. ----------------------------- ------- C.V.NAGARJUNA REDDY,J Date:12-2-2009 MNR