IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 768 of 2009 Between: M/s. S. Lalaiah & Company Special Class Contractors & Engineers 11-10-107, Road No.2, Vijayapuri Colony, Kothapet, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh Represented through Chief Engineer (R & B) at Erramanzil Colony, Hyderabad. 2 The Superintending Engineer (R & B) Circle : Nalgonda. 3 The Executive Engineer (R & B) Division at Miryalguda Nalgonda Dist. .....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 a Writ in the nature of WRIT OF MANDAMUS or any other appropriate Writ or Writs, Order or Direction, declaring the action of respondents in seeking to determine the contract of the petitioner entered into with the 2nd respondent vide Agreement No. 36/2008-2009 dt. 18-6-2008 pursuant to the letter dt. 27/28-11-2008 issued by 3rd respondent in Lr.No. AB/A2/2008-09/1777 as illegal, arbitrary and without jurisdiction and to consequently hold that petitioner is entitled to complete the work covered by above agreement within the targeted time viz March 2009 and also further direct the Respondents not to encash Earnest Money Deposit and Bank Guarantees furnished by the petitioner in connection with the above work or to recover Mobilization Advance paid to the petitioner; Award costs. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following: ORAL ORDER: This writ petition is filed questioning the action of the respondents in seeking to determine the contract of the petitioner entered into with the 2nd respondent vide Agreement No. 36/2008-2009 dt.18-6-2008 pursuant to the letter dt.27/28- 11-2008 issued by 3rd respondent in Lr.No.AB/A2/2008- 09/1777 as illegal, arbitrary and without jurisdiction and to consequently hold that petitioner is entitled to complete the work covered by above agreement within the targeted time viz., March 2009 and to direct the Respondents not to encash Earnest Money Deposit and Bank Guarantees furnished by the petitioner in connection with the above work or to recover Mobilization Advance paid to the petitioner. Today when the matter is taken up for hearing, the Learned counsel for the petitioner intends to withdraw the writ petition with liberty to approach the competent Court and file a civil suit. Accordingly, permission is accorded and the writ petition is dismissed as withdrawn with liberty as prayed for. ________________ (N.V.RAMANA, J.) 4th March, 2009 Js.