IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 596 OF 2009 RAKESH KAMBLI ... Petitioner Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Amey Kakodkar, Advocate for the Petitioner. Ms. W. Coutinho, Government Advocate for Respondent no.1. Mr. S. D. Lotlikar, Senior Advocate with Mr. H. Kankonkar, Advocate for Respondent nos. 2 and 3. Mr. R. G. Ramani, Advocate for Respondent no.4. Mr. S. D. Padiyar, Advocate for Respondent no.5. Coram:- S.B. DESHMUKH & U. D. SALVI, JJ. Date:- 15th October, 2009 P.C. On behalf of respondent no.5, additional affidavit is presented in the Court. The same is accepted and taken on record. Copy is served to the learned Counsel appearing for the Petitioner. 2. We have heard learned Counsel for the respective parties. Short Tender Notice at annexure 'A' (page 19) of the compilation/paper book of the Writ Petition, is the root cause for the Petitioner to approach this Court. This Short Tender Notice is published by the Goa Tourism Development Corporation Ltd., respondent no.2 in this Writ Petition. Senior Advocate Mr. Lotlikar, appearing for the Corporation, on instructions from the Officer, who is present in the Court, seeks withdrawal of this Short Tender Notice because of time constraint and ensuing Vacations to this Court in which case, the matter would go beyond Vacation i.e. 03.11.2009. The statement is made on behalf of the Corporation, in view of the earlier statement recorded on behalf of the Corporation in this Writ Petition that the Tender shall not be open which is still continuing till today. Said statement now stands terminated in view of the disposal of the Writ Petition. 3. We have heard learned Advocate for the Petitioner. He objects the withdrawal of the Short Tender Notice on behalf of the Corporation. In our view, notice has been published by the Goa Tourism Development Corporation Ltd., and it is the prerogative of the Corporation concern to seek withdrawal of the said notice. We are not recording any finding on the issue raised in the Petition. We are also not recording any observation or finding on the contention raised by the parties in this Petition. In this view of the matter, we are permitting the respondent-Corporation to withdraw the Short Tender Notice and take appropriate decision in accordance with the provisions of law. 4. In view of this withdrawal in our view, the Petition as of today becomes infructuous and stands disposed off. No order as to costs. S.B. DESHMUKH, J. U. D. SALVI, J. arp/*