- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION No. 3875 OF 2007 PETITION No. 3875 OF 2007 PETITION No. 3875 OF 2007 M/s. Proactive In and Out Advertising Pvt. Ltd. Petitioner Vs. The State of Maharashtra & Anr. Respondents Mr. A. M. Sarogi, Advocate for the Petitioner. Ms. V. Mhaisapurkar, AGP for the Respondent No.1. Mr. J. G. Reddy, Advocate for Respondent No.2. CORAM CORAM CORAM : D. G. KARNIK : D. G. KARNIK : D. G. KARNIK AND AND AND A. A. A. A. SAYED, JJ. A. SAYED, JJ. A. SAYED, JJ. [ VACATION COURT ] VACATION COURT ] VACATION COURT ] DATE DATE DATE : MAY 15, 2007. : MAY 15, 2007. : MAY 15, 2007. P.C. 1. Heard the learned Counsel appearing for the parties. 2. By this petition, the Petitioner challanges the tender notice published on 3rd May 2007. 3. Learned Counsel for the Respondent No.2 states that Respondent No.2 did not receive any valid tender, and therefore, said tender notice was withdrawn and fresh tender notice was published in daily news-paper "Sakal", dated 12th May 2007. In our view, therefore, the cause of action for the petition, challenging the - 2 - tender notice does not survive. 4. Learned Counsel for the Respondent No.2 further states that Respondent No.2 also did not receive any response to tender notice dated 12th May 2007 also, and therefore, the Respondent No.2 will issue fresh tender notice. 5. In view of the statement of the learned Counsel for the Respondent No.2, petitioner seeks leave to withdraw the petition. The petition is disposed of as withdrawn. [ A. A. SAYED, J.] [ D. G. KARNIK, J.]