IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY NINETH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.4932 of 2010 Between: M/s.Chilukuri Balaji Lorry Transport, a partnership firm Reptd., by its Managing partner-Sri B.Venkatesh. … Petitioner And The Singareni Collieries Company Limited, (A Government of India Company), reptd., by its Chairman and Managing Director, Singareni Bhavan, Khairtabad, Hyderabad and two others. … Respondents Counsel for the petitioner: Sri G.Vidyasagar. Counsel for the respondents: Sri N.S.Pattabhi Rama Rao for Sri Nandigam Krishna Rao for R.1 and R.2. None for R.3. This Court made the following: ORDER:- This Writ Petition is filed for the following substantive relief: “…to issue a Writ of Mandamus to declare that the third respondent is ineligible to participate in the tender for transportation of coal from Goleti-1A Incline to SRP-CHP in terms of Tender No.C11 09 0 0245, dated 12-8-2009 and it cannot engage itself in commercial activities; and, consequently, direct respondents 1 and 2 to finalize the tender for transportation of coal from Goleti-1A Incline to SRP-CHP in terms of Tender No.C11 09 0 0245 dated 12-8-2009 in favour of the petitioner, ignoring the tender documents submitted by the third respondent” At the hearing, Sri N.S.Pattabhi Rama Rao, learned counsel representing Sri Nandigam Krishna Rao, learned Standing counsel for respondents 1 and 2, submitted that in pursuance of the impugned tender notification, the work was awarded to respondent No.3 and agreement, dated 22-1-2010, was entered into by respondents 1 and 2 with respondent No.3. He further submitted that respondent No.3 has been executing the work and paid the first bill also. In view of these submissions of the learned counsel, Sri G.Vidyasagar, learned counsel for the petitioner, seeks permission of the Court to withdraw the Writ Petition with liberty to the petitioner to avail appropriate remedies. The Writ Petition is accordingly dismissed with liberty in terms of the prayer made. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:29-3-2010 MNR