IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 32671 of 1997 Between: M. Eswara Reddy S/o Dora Reddy R/o Obulanka, Ravulapalem Mandal, E.G. District. ..... PETITIONER AND The Superintendent Engineer, Roads and Buildings Department, Eluru Circle, Eluru, West Godavari District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus declaring the condition in the tender notice Nos. 44, 45 & 46/97-98, insisting on a certificate about the financial soundness and stability of the petitioner to shift the hot mixing plant as illegal arbitrary and discriminatory and direct the respondent to issue tender schedule and consider the tender of the petitioner without insisting on the said condition. Counsel for the Petitioner: MR.J.V.REDDY Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following : ORDER: This writ petition is filed seeking a writ of Mandamus to declare the condition in the tender notice insisting for a certificate about the financial soundness and stability of the petitioner to shift the hot mixing plant as illegal and arbitrary. This Court, while admitting the writ petition on 08.12.1997, granted interim direction directing the respondent to issue tender schedules to the petitioner for the items of the tender notices in question without insisting on the certificate about the financial soundness. Today, when the matter is taken up for hearing, the learned counsel for the petitioner called absent. Learned Government Pleader for Roads and Buildings appearing for the respondent submits that in view of the interim direction granted by this Court, no further orders are need to be passed in this writ petition and the same has become infructuous. Accordingly, the writ petition is dismissed as having become infructuous. No order as to costs. _________ 06.04.2005 dr/tvk Copy to 1 The Superintendent Engineer, Roads and Buildings Department, Eluru Circle, Eluru, West Godavari District. 2 2 CCs to Government Pleader for Roads and Buildings, High Court Buildings, Hyderabad. (OUT) 3 2 CD copies.