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 : 7815 of 2008 Between: M/S PCL-STICCO (J.V.), Having its registered Office, at 7th Floor, Raghava Ratna Towers,Chirag-Ali-Lane, Hyderabad rep by Authorised Mr.Maduri. Madhusudhan ..... PETITIONER AND 1 National Highways Authority of India, (Ministry of Shipping, road Trasport and Highways), G-5 and 6, Sector-10, Dwaraka, New Delhi-110 075. Rep by its General Manager(C.K.II) 2 Indusind Bank Ltd. Secunderabad Branch,"LAXMI",100, S.P.Road, Begumpet, Secunderabad, rep by its Branch Manager, 3 DHV Construction, Supervision Consultants, A1-DURA, Pathasa, Gopalapur Road, Bahadurpeta P.O., Ganjam District- 760 007, Orrissa State. Rep by its Team Leader. .....RESPONDENTS 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 a Writ more particularly one in the nature of a Writ of Mandamus declaring that the action of the 1st respondent in issuing proceedings NHAI/12013/14/2006/TECH/CK-II/37 dated 3.4.2008 is arbitrary, unreasonable and violative of the constitutional mandate under article 14 of the constitution without taking into consideration and more particularly the delayed action in express violativon of the terms of the contract resulting in the frustration of the contract itself which is violative of articles 14,20 and 300 A of the Constitution of India. Counsel for the Petitioner:MR.THANNIRU SRINIVAS Counsel for the Respondent No.: M.V.KINI&CO.ADVOCATES& SOLICITORS The Court made the following : ORDER: Sri T.Srinivas, 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 Accordingly, permission is granted and the writ petition is dismissed as withdrawn with liberty as prayed for.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.20.2.2009 msv