IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11562 of 2007 Between: 1 The Nirmala Harizana Labour Contract Cooperative society Ltd., Z-797, Khammampalem, Narasaraopet Mandal, rep., by its President Thalari Syam Prasad, s/o Guravaiah. 2 the Abhyudaya Harizana Labour Contract Co.operative Society Ltd., Regd.No.Z-787, Ravipadu, Narasaraopet Mandal, Guntur District rep., by its President Jonnalagadda Bujjamma, w/o Kondala Rao. 3 Sri Venkateswara Cooperative Labour Contract Society Ltd., Regd.No.Z-755, Thurakapalem, Narasaraopet, Guntur District, rep., by its President Kunchala Yedukondalu, s/o Kotaiah. ..... PETITIONER(S) AND 1 the Commissioner, Narasaraopet Municipality, Narasaraopet, Guntur District. 2 the Municipal Engineer, Narasaraopet Municipality, Narasaraopet, Guntur 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents to declare action of the respondents in insisting to pay cost of tender schedules and to deposit of EMD (Earnest Money Deposit) for issuing tender schedules and to issue eligibility certificates and to allow to submit tender schedules and to participate in open auction and to open the petitioners schedules towards tender notification ROC No.676/2007/F1, dated 25-5- 2007 for contract works in Narasaraopet municipality as illegal, arbitrary and violative of Articles 14, 21, 42 and 43 of Constitution of India and contrary to Government Instructions (GOs) and consequently direct the respondents to issue tender schedules at free of cost and not to insist to deposit of EMD from the petitioners for all the works in the Tender Notification ROC No.676/2007/F1, dated 26-6-2007 of the 1st respondent at the time of schedules, eligibility certificate and to allow them to submit tender schedules and to allow to participate in the open auction and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.SATYANARAYANA MOORTHY Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 11562 OF 2007 ORDER: 1. This writ petition has been filed by the petitioners who are three in number assailing the action of the respondents in insisting to pay cost of tender schedules and to deposit of EMD for issuing tender schedules. 2. Learned standing counsel appearing for the respondents submits that the date of receipt of tender has been expired and therefore, the cause of action in the writ petition does not survive. 3. There is no representation on behalf of the petitioners. The conduct of the petitioners indicates that they are not interested in pursuing this petition. 4. Accordingly, this writ petition is dismissed for non-prosecution. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 28th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 11562 OF 2007 28th July, 2008.