HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.14990 of 2011 Date : 21-12-2011 Between: M/s. Chiron Behring Vaccines Private Limited (Novartis), represented by its Constituted Attorney Sri Durga Nand Singh, Mumbai .. Petitioner And The A.P. Health & Medical Housing & Infrastructure Development Corporation (now A.P. Medical Services And Infrastructure Development Corporation), Represented by its Managing Director, Government of Andhra Pradesh, Hyderabad and another .. Respondents Counsel for petitioner : Sri Srinivasan S. Rajan for Sri M.S. Srinivasa Iyengar Counsel for respondent No.1 : Sri P. Giri Krishna, Special Government Pleader on behalf of Advocate- General Counsel for respondent No.2 : Sri Harender Prasad The Court made the following: ORDER: This Writ Petition is filed for the following substantive relief : “(a) to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the 1st respondent and the Commercial Evaluation Committee constituted by it in opening and evaluating the Commercial Bid submitted by 2nd respondent as arbitrary and illegal and contrary to the tender conditions; (b) direction that the 1st respondent to act in accordance with law and tender conditions in awarding the final contract for the life saving medicine entailed herein…” At the hearing, Sri P. Giri Krishna, learned Special Government Pleader appearing on behalf of the learned Advocate-General, submitted that the impugned tender notification has been cancelled by proceedings RC.No.40/Tender/MW/2011-12, dated 9-12-2011 of the Managing Director of respondent No.1-Corporation and that therefore the cause of action on which the Writ Petition is filed does not survive for adjudication. Sri Srinivasan S. Rajan, learned counsel representing Sri M.S. Srinivasa Iyengar, learned counsel for the petitioner, has not disputed the above position. In view of the same, the Writ Petition is disposed of as infructuous. As a sequel, WPMP No.18008/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 21-12-2011 AM