IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14709 of 2007 Between: G.Jayapal Reddy, S/o. Bhagavan Reddy, R/o.Qr.No.90,Doctors Colony, Balajinagar,Warangal Dist. ..... PETITIONER AND The Superintendent, Mahatma Gandhi Memorial(MGM) Hospital Matwada,Warangal. .....RESPONDENT 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 order or direction or writ especially writ of Mandamus declaring the action of the respondent in issuing Tender notification in Rc.No.3456/PLG/07 dt.22-6-2007 as arbitrary, illegal, improper and unconstitutional and consequently direct the respondent to continue the petitioner as Diet Contractor in the respondent hospital for a period of two years in pursuance of G.O.Ms.No.32 H.M& F.W Dept dt.2-2-2005 and pass such other order or orders. Counsel for the Petitioner:MR.B.NARAYANA REDDY Counsel for the Respondent: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: This writ petition is filed challenging the tender notification, dated 22.06.2007. The petitioner is an existing Diet Contractor. He has raised several grounds, while challenging the impugned notification. The first respondent has filed counter-affidavit, and in fact, an application to vacate the interim order dated 10.07.2007. Learned counsel for the petitioner submitted that the period for which the tenders are invited had expired and thereby, the writ petition has become infructuous. Hence, the writ petition is dismissed as infructuous. It is directed that since the period for which the tenders are invited had expired, the first respondent shall return the EMD or other amounts paid by other tenderers, including the implead party i.e. the second respondent. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.20.02.2009. Note: Furnish C.C. in three days. (B/o) GJ