THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.24933 of 2009 Date : 4-2-2010 Between : K.Subbramaniam .. Petitioner And The A.P.State Agro Industries Development Corporation, No.504, 5th floor, Heritage office complex, Hill Fort Road, Hyderabad Rep. by its Vice-Chairperson & M.D. and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.24933 of 2009 ORDER:- This Court ordered notice before admission on 17-11-2009 and further made the following Order:- “Tenders which are scheduled to be opened on 17-11-2009 at the office of the 1st respondent shall not be finalized.” 2. W.V.M.P.NO.406/10 is filed to vacate the interim order. When the vacate application is coming up for hearing, the Counsel on record made a request for final disposal of the Writ Petition and hence the Writ Petition itself is disposed of finally. 3. Heard Sri Raja Reddy Koneti, the learned Counsel representing the Writ Petitioner and Sri G.Vidyasagar, the learned Counsel representing the 1st respondent. 4. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in calling for Expression of Interest (EOI) schedule for supply of Combine Harvester from Manufacturers/Importers restricting imported one from Japan only as illegal and arbitrary and consequently set aside the EOI Schedule dt.29-10-2009 issued by the 1st respondent as illegal and arbitrary and direct the respondents to issue a fresh EOI schedule without restricting the imported model of Combine Harvester from any one country in the interest of justice and pass such other suitable orders. 5. Several facts had been narrated in the affidavit filed in support of the writ petition. It is stated that the petitioner is a Mechanical Engineer Graduate from Birla Institute of Technology, Ranchi. He took his Degree in the year 1970 and after his graduation, he worked in various companies in India connected with mechanization of India Agriculture. The petitioner had experience in introducing Agriculture Machines, Harvesters, Transplanters, Boilers, Multipurpose Cultivators etc., and he also worked with Escort India Ltd. It is further stated a scheme had been introduced by the Central Government called Rastria Krishi Vikas Yojana. The scheme will be implemented through the State Government by which Agriculture Machinery would be given to the group of ryots called Rythu Mithra Groups in the State of Andhra Pradesh. The Government of Andhra Pradesh through the Department of Agriculture will supply the machinery to the farmers group on subsidized rates. Further it is stated that the schedule was issued on 29-10-2009. The schedule is made available from 3-11-2009 to 16-11- 2009 and the last date for submission is 17-11-2009 till 3.00 p.m., and it will be opened at 4.00 p.m., on the same day. It is also further stated that the petitioner addressed letter dt.7-11-2009 to the respondents stating to remove the condition of Japanese only and give a choice to all and till date no reply is given by the respondents. 6. In the counter affidavit filed in detail, certain facts had been admitted and certain facts had been denied. However, in para 6 of the counter affidavit, specific stand had been taken that subsequently a meeting of the Technical Committee of the Commissionerate of Agriculture i.e., Requisitioning Department for Farm Mechanization scheme under RKVY was held on 29-1-2010. The said Committee taking into consideration and the situation resolved to call for tenders again for Combined Harvesters and include all the models that fulfill the terms and conditions for supply of high cost agricultural machinery on subsidy under RKVY. Accordingly, it is proposed to cancel the existing EOI and notify fresh EOI as per the recommendations of the Technical Committee. In pursuance of the decision taken by the Technical Committee on 29-1-2010 the cause of Writ Petition does not survive. 7. In the light of the specific stand taken in para 6 of the counter affidavit, inasmuch as the interim direction itself is not to finalize the tenders and inasmuch as specific stand had been taken that relating to the issuance of fresh tenders in pursuance of the decision already taken as specified in para 6 of the counter affidavit, the Writ Petition is hereby disposed of. No order as to costs. _____________________ Justice P.S.Narayana 4th February, 2010 smr