IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 899 of 2009& W.P. No. 16399 of 2008 WRIT APPEAL NO : 899 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 30.7.2008 in W.P. No. 16399 of 2008 on the file of the High Court.) Between: M/s. Continental Warehousing Corporation Limited, rep. By its Authorised Signatory, Mosali Ranga Reddy, aged about 65 years, R/o. 304-A, Amsri Residency, DharamKaran Road, Ameerpet, Hyderabad. ..... APPELLANT AND 1. M/s. D.S. Narayana & Company Pvt. Ltd., Rep. by its Managing Director, Sri Dantu Surya Rao, "DSN Complex", 41-8-51/1, Commercial Road, Kakainada, East Godavari District. 2 Government of Andhra Pradesh, Rep. by its Secretary, Infrastructure & Investment (Ports-I) Department, Secretariat, Hyderabad. 3 The Director of Ports, Andhra Pradesh, Port Administrative Buildings, Kakainada, E.G. District. 4 Port Officer, Kakinada Port Port Administrative Buildings, Kakinada, E.G. District. .....RESPONDENTS Counsel for the Appellant: Mr. Vedula Venkata Ramana Counsel for the Respondent No.1: Mr. Ch. Dhananjaya Counsel for the Respondent Nos.2,3 and 4: G.P. for Roads & Buildings and W.P. No. 16399 of 2008 Between: M/s. D.S. Narayana & Company Pvt. Ltd., Rep. by its Managing Director, Sri Dantu Surya Rao, "DSN Complex", 41-8-51/1, Commercial Road, Kakainada, East Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Infrastructure & Investment (Ports-I) Department, Secretariat, Hyderabad. 2 The Director of Ports, Andhra Pradesh, Port Administrative Buildings, Kakainada, E.G. District. 3 Port Officer, Kakinada Port Port Administrative Buildings, Kakinada, E.G. District. .....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 an appropriate writ order of direction more particularly one in the nature of writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents in not conducting public auction or calling tenders for allocating the Kakinada Port land on long lease basis to the Shipping Trade and Business houses thereby issuing G.O.Ms.No. 8, Infrastructure and Investment (Ports-I) Department dt. 3-3-2008 by the 1st Respondent and allocating the port land to selected few as illegal, arbitrary and unjust and for a consequential order directing the respondents issue public notification for conduct of public auction or calling for sealed tenders for allocation of the Kakinada Port Land on long lease basis in the Kakainada Port area to the Shipping Trade and Business companies by setting aside the G.O.Ms.No. 8 Infrastructure and Investment (Ports-I) Department dt. 3-3-2008 issued by the 1st Respondent and pass other order or orders. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondents.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEALNO : 899 of 2009 & W.P. No. 16399 of 2008 Common Order: (Per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by the order of the learned single Judge, dated 30.7.2008, made in Writ Petition No.16399 of 2008, the appellant, who is a third party, filed the present appeal by obtaining leave of the Court. By the impugned order, the learned single judge while ordering notice before admission passed the following interim order. “It is represented by the learned counsel for the petitioner as well as the learned Asst. Government Pleader for Roads and Buildings that this Court in similar writ petitions being W.P. Nos. 11886, 11892 of 2008, while ordering notice before admission, issued interim directions to maintain status-quo obtaining as on that date in all respects in relation to the allotment made under G.O. Ms. No.8, dated 3.3.2008 and directed the respondents not to enter into any agreement or lease deeds with the allottees/beneficiaries for alienating the land in question in their favour. Following the same, issue notice before admission in this case also. There shall be interim order in this case also as granted by this Court in W.P. Nos. 11886 and 18892 of 2008, dated 11.6.2008.” When the writ appeal has come up for admission, Sri V.V.S. Kameswara Rao, learned counsel appearing on behalf of Sri Ch. Dhananjaya, learned counsel for the 1st respondent-writ petitioner has submitted that the 1st respondent-writ petitioner would like to withdraw the main writ petition itself, namely, Writ Petition No. 16399 of 2008. He has also made an endorsement to that effect on the bundle. Recording the submission of the learned counsel, the writ petition is dismissed as withdrawn. In view of the fact that the 1st respondent-writ petitioner has withdrawn the writ petition itself, no further orders are required to be passed in this writ appeal, which is filed against the interim order passed in the said writ petition. The writ appeal is accordingly disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 26th June, 2009 _________________ SANJAY KUMAR,J pnb