IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 18654 of 2004 Between: 1 S.V.Engineering Constructions B.Kumaraswamy Reddy J.V. No.1, Chandrabagh Buildings, Darga Mitta, Nellore. 2 M/s.S.V.Engineering Constructions, No.1, Chandrabagh Buildings, Darga Mitta, Nellore rep., by its Managing Partner N.Dasaratharami Reddy. 3 B.Kumaraswamy Reddy, s/o Sri B.Narayana Reddy, Santhinagar, Dargamitta, Nellore. ..... PETITIONER(S) AND 1 Govt. of Andhra Pradesh, rep., by its Principal Secretary, Irrigation & CAD (PPMU), Department, A.P.Secretariat, Hyderabad. 2 Engineer-in-Chief (Irrigation) Irrigation & CAD Department, Errum Manzil, Hyderabad. .....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 declaring the action of the respondents in not treating the bid submitted by the 1st petitioner herein as non-responsive and not including the 1st petitioner in the list of eligible contractors empanelled issued in G.O.Rt.No.727 Irrigation & CAD (PPMU), Department, dated 24-09-2004 as being illegal, arbitrary and in violation of the terms of the bid document and consequently direct the respondents to include the 1st petitioner in the list of empanelled qualified firms/companies for execution of Government Works and pass Counsel for the Petitioners:MR.B.ADINARAYANA RAO Counsel for the Respondent Nos.: The Advocate General GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT. The Court made the following : ORDER: Heard both sides. Though the matter was heard at length, but however, having regard to the fact that the respondents are going to issue fresh notification, there should not be any impediment to the petitioners to participate therein. In view of the same, it is not necessary to go into the merits of the case. Accordingly, the Writ Petition is dismissed with a liberty to the petitioners to participate in any fresh notification issued by the respondents. No costs. 02.12.2004 ka To 1 The Principal Secretary, Irrigation and CAD (PPML) Department, Govt. of Andhra Pradesh, A.P. Secretariat, Hyderabad. 2 The Engineer-in-Chief (Irrigation) Irrigation & CAD Department, Errum Manzil, Hyderabad. 3. 2 CCs to G.P for Irrigation and Command Area Development, High Court Buildings, High Court of A.P., Hyderabad.( OUT) 4. 2 CCs to the Advocate General, High Court of A.P, Hyderabad (OUT) 5. 2CD copies