THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.5082 of 2002 Date : 19-03-2010 Between : R.Veda Prakash, son of late Jagannadha Chary, aged about 50 years, Occ : Business, resident of D.No.6-3-88, Somajiguda, Hyderabad .. Petitioner And The Bharat Sanchar Nigam Limited, (A Govt. of India Enterprise), rep. by its General manager, Telecom District, Nalgonda-508 050 and another .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.5082 of 2002 ORDER : This Writ Petition is filed assailing the letter No.KW/Cables Tender/2001-2002, dated 07-03-2002 whereby the first respondent invoked the bank guarantee vide No.54 of 2001, dated 08-03-2001 for a sum of Rs.3,00,000/- offered by the Writ Petitioner as security deposit for cable laying works of the first respondent. It appears that the first respondent paid an amount of Rs.4,56,687/- in excess of the amount payable to the petitioner and in order to recover the same, the bank guarantee was invoked under the impugned letter. It is now reported by both the counsel Sri Venkata Rangadas Kanuri appearing for the petitioner and Sri Bhaskara Mohan appearing for the first respondent that this excess amount was subsequently recovered through another account of the petitioner in respect of other works undertaken by him and the first respondent also returned the bank guarantee invoked under the impugned letter. Both the learned counsel drew my attention to the contents of para 3 of the counter-affidavit of one Sri G.Babuji, General Manager, Telecom District, Nalgonda and both the counsel agreed and admitted that in view of the said averments, the matter has been settled and the Writ Petition has become infructuous. Recording the same, since the cause in the Writ Petition does not survive for adjudication, this Writ Petition is dismissed as infructuous. No order as to costs. ________________ NOUSHAD ALI, J. 19th March, 2010. skmr