IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26288 of 2008 Between: M/s. PCL-STICCO (J.V) having its Registered Office, At 7th Floor, Raghava, North Block, Raghava Ratna Towers, Chirag Ali Lane, Hyderabad, Rep. by Authorized Person, Mr. Maduri Madhusudan ..... PETITIONER AND National Highways Authority of India (Ministry of Shipping, Road Transport and Highways) G-5 and G-6, Sector-10, Dwaraka, New Delhi Rep. by its General Manager (C.K.II) .....RESPONDENT 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 order direction or writ more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondent its proceeding bearing No. NHA1/12013/14/2006/TECH/CK-II/158 dated 20th October, 2008 to be a cryptic order passed in an arbitrary and vindictive manner, without due application of mind in violation of Article 14 and 21 of the Constitution of India and hence unenforceable and particularly the conclusion arrived at by the respondent being with malafide and predetermined intent to debar the petitioner from participating in future in any competitive bidding process of the respondent and to permit the petitioner to continue the works on terms that are just fair and proper and to allow the petitioner to complete the balance works being the subject matter of the aforesaid notification on terms to be amicably settled between the petitioner and the respondent. Counsel for the Petitioner:MR.DEEPAK MISRA Counsel for the Respondent No.: M.V.KINI&CO.ADVOCATES&SOLICITORS The Court made the following : ORDER: Sri Deepak Misra, learned counsel for the petitioner filed a letter in the registry seeking permission of the court to withdraw the writ petition with liberty to institute fresh proceedings in proper forum having jurisdiction. Accordingly, permission is granted and the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. N.V.RAMANA,J DT.19.2.2009 msv