Petitioner challenged disqualification from a tender via writ under Article 226. Court dismissed petition as infructuous because the work contracted under the tender was already completed.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14772 of 2003
Between:
M/s. M. Ramakrishna Reddy, Rep. by its Managing Partner, 8-3-833/208, Type-B Phase-II, Kamalapuri Colony, Srinagar Colony, Hyderabad-500 073
..... PETITIONER
AND
.....RESPONDENTS
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 or direction more particularly a Writ of Mandamus declaring the action of Respondent No.1 disqualifying the Petitioner from the tender process of Tender Notice No.49/CAO/C/SC/2002 dated 28-3-2002 as arbitrary, illegal against the practice in vogue in South Central Railway as such against the principals of natural justice and consequently direct the Respondents 2 to 4 to award the contract to the Petitioner.
Counsel for the Petitioner: MR.PRASAD RAO VEMULAPALLI
Counsel for the Respondents : MRS.C.V.VINITHA REDDY
MR. C.V.RAJEEV REDDY
The Court made the following :
ORDER:
Learned counsel appearing for the respondents submits that the cause in the writ petition does not survive since the work pursuant to the tender impugned in the writ petition has been entrusted to the contractor and the contractor also completed the work, and therefore, the writ petition has become infructuous.
In that view of the matter, the writ petition is dismissed as infructuous. No costs.
______________________ B.SESHASAYANA REDDY, J. Date:02nd July, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}
M/s. M. Ramakrishna Reddy
The Railway Board
The General Manager, South Central Railway
The Chief Engineer (Const.) South Central Railway
The Chief Administrative Officer(Const.) South Central Railway
B. SESHASAYANA REDDY
As recorded by the court registry
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