Ramky Infrastructure Limited, v. Andhra Pradesh Road Development Corporation,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Appeal Nos.563 & 568 of 2017 And Writ Petition Nos. 7721 and 15209 of 2016 Common Judgment: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of the appellant-writ petitioner, would submit that the learned Single Judge had, while observing that it was not for the Court to analyse the reasons and fix responsibility as the same had to be resolved in terms of the agreement, however made some observations which would adversely affect the appellant-writ petitioner's claim even if they were to avail the remedy available to them in terms of the agreement.

He seeks permission of this Court to withdraw the Writ Petitions itself with liberty to approach the authorities in terms of the agreement, and for a direction that, if any such application is filed, the same shall be considered uninfluenced by the observations made in the order under appeal. Learned Special Government Pleader appearing on behalf of the learned Advocate General, would fairly state that the respondents have no objection to the writ petitions itself being withdrawn.

We consider it appropriate, therefore, to set aside the order under appeal, restore the writ petitions to file and permit the appellant-writ petitioner to withdraw the writ petitions with liberty to avail the remedies available to them in terms of the agreement. Needless to state that, in case the appellant-writ petitioner avails

such remedies, their claim shall be considered on its merits, uninfluenced by any observations made in the order under appeal. The writ appeals and the writ petitions are disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs. _________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (Dr. SHAMEEM AKTHER, J) 26th April, 2017 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Appeal Nos.563 & 568 of 2017 And Writ Petition Nos. 7721 and 15209 of 2016 Date: 26.4.2017 pnb