Dismissed

Adi Narayana Transport v. The State of Andhra Pradesh

Andhra Pradesh HC11 Oct 2023WP/12896/2023

Case brief

AI extract

What is this about?

Writ petition challenging Guideline No.34 prohibiting Stage-ll transport contractors from submitting bids if they have worked for 2 years was dismissed as infructuous. The court found the cause of action did not survive for adjudication.

What did the court decide?

Writ petition dismissed as infructuous. No order as to costs. Pending miscellaneous petitions to be closed.

Adi Narayana Transport Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 12896 OF 2023

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Between:

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1. M/s. Adi Narayana Transport, at D.No. 25-9-245/D/1/1, Bhimalavari Street, DNR College back side. Ram Lakshman Nagar, Bhimavaram, West Godavari District, Andhra Pradesh -534202, Rep., by its Managing Partner Achanta Rama Krishna

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M/s. Aditya Anu Transport, at D.No. 25-9-215/D/I/I, Bhimalavari Street, DNR College back side. Ram Lakshman Nagar, Bhimavaram, West Godavari District, Andhra Pradesh -534202, Rep., by its Managing Partner Achanta Rama Krishna,

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Kallam Bullesh, S/o.Ratna Prabhu, Age. 42 years, R/o. D.No. 2-4-41/6. Bhupathi Vari Veedi, Narasapuram, West Godavari District, Andhra Pradesh - 234275.

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Mutyala Venkata Narasirnha Rao, S/o. Bala Krishna, Age. 60 years. R/o.D.No.19-69, Velpuru, West Godavari District, Andhra Pradesh - 534222.

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Koneru Mallikharjuna Rao, S/o.K.Venkata Subbaiah, Age. 63 years, R/o.Velivolu, Krishna District - 521132.

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6. R.Ravi, S/o.Naga Mallikarjuna Rao, Age. 45 years, R/o.D.No.2-98B, Railpet, Duggirala, Guntur District-522330.

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Pavan Lorry Transport, at D.No.2-98B, Railpet, Duggirala, Guntur District - 522330, Rep., by its Managing Partner R. Ravi

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Civil Supplies Department, A.P. Secretariat Office, Velagapudi, Guntur District, Andhra Pradesh - 522237

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Andhra Pradesh State Civil Supplies Corporation Limited, Having its Head Office at 10-152/1, Sri Sai Towers, Bandar Road, Vijayawada- 520007, Rep., by its Vice Chairman and Managing Director.

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The Joint Collector and EOED, Andhra Pradesh State Civil Supplies

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Corporation Limited, District Office, Bhimavaram, West Godavari District.

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1. The Joint Collector and EOED, Andhra Pradesh State Civil Supplies Corporation Limited, District Office, Zilla Parshad Road, Machilipatnam, Krishna District.

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The Joint Collector and EOED, Andhra Pradesh State Civil Supplies Corporation Limited, District Office, Eluru, Eluru District.

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The Joint Collector and EOED, Andhra Pradesh State Civil Supplies Corporation Limited, District Office, Vijayawada, NTR District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring Guideline No.34 of the Guidelines issued in Circular No.PDS.3/7/Stage-ll/2023-25 Dt.21.04.2023 issued by 2"*^ Respondent, which prohibited all the existing Stage-ll transport contractors from submitting bids for the MLS Points, if they are working in the said MLS Point continuously for 2 years, as illegal, unjust, arbitrary, discriminatory, irrational and without jurisdiction, and in violation of Articles 14, 19 and 21 of the Constitution of India and consequently set aside impugned Guideline No.34 the of the Guidelines issued in Circular No.PDS.3/7/Stage-ll/2023-25 Dt.21.04.2023 to the extent of the Petitioners.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to permit the Petitioners to submit bids for the MLS Points even if they are working in those MLS Points continuously for 2 years by suspending the impugned Guideline No.34 the of the Guidelines issued in Circular No.PDS.3/7/Stage-l1/2023-25 Dt.21.04.2023 issued by the 2"*^ Respondent to the extent of the Petitioners, pending disposal of the above writ petition.

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lA NO: 2 OF 2023

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Between:

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Andhra Pradesh State Civil Supplies Corporat'on Limited, Having its Head Office at 10-152/1, Sri Sai Towers, Bandar Road, Vijayawada- 520007, Rep., by its Vice Chairman and Managing Director.

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...PETITIONER/RESPONDENT No.2

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AND

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M/s. Aditya Anu Transport, at D.No. 25-9-215/D/I/I, Bhimalavari Street, DNR College back side. Ram Lakshman Nagar, Bhimavaram, West Godavari District, Andhra Pradesh -534202, Rep., by its Managing Partner Achanta Rama Krishna,

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Kallam Bullesh, S/o.Ratna Prabhu, Age. 42 years, R/o. D.No. 2-4-41/6, Bhupathi Vari Veedi, Narasapuram, West Godavari District, Andhra Pradesh - 234275.

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Mutyala Venkata Narasirnha Rao, S/o. Bala Krishna, Age. 60 years, R/o.D.No.19-69, Velpuru, West Godavari District, Andhra Pradesh - 534222.

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Koneru Mallikharjuna Rao, S/o.K.Venkata Subbaiah, Age. 63 years, R/o.Velivolu, Krishna District - 521132.

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6. R.Ravi, S/o.Naga Mallikarjuna Rao, Age. 45 years, R/o.D.No.2-98B, Railpet, Duggirala, Guntur District-522330.

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7. Pavan Lorry Transport, at D.No.2-98B, Railpet, Duggirala, Guntur District - 522330, Rep., by its Managing Partner R. Ravi

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.. .RESPONDENTS/PETITIONERS

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8. The State of Andhra Pradesh, Rep., by its Principal Secretary, Civil Supplies Department, A.P. Secretariat Office, Velagapudi, Guntur District, Andhra Pradesh - 522237

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9. The Joint Collector and EOED, Andhra Pradesh State Civil Supplies Corporation Limited, District Office, Bhimavaram, West Godavari District.

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The Joint Collector and EOED, Andhra Pradesh State Civil Supplies Corporation Limited, District Office, Zilla Parshad Road, Machilipatnam, Krishna District.

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The Joint Collector and EOED, Andhra Pradesh State Civil Supplies Corporation Limited, District Office, Eluru, Eluru District.

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The Joint Collector and EOED, Andhra Pradesh State Civil Supplies

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Corporation Limited, District Office, Vijayawada, NTR District.

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...RESPONDENTS

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Interim Order that is passed by this Hon'ble Court on 11-052023 in W.P. No. 12896 of 2023.

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Counsel for the Petitioners : SRI. SRINIVAS BOBBILI

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Counsel for the Respondent No.1 : GP FOR CIVIL SUPPLIES

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Counsel for the Respondent Nos.2 to 6 : SRI P. HEMACHANDRA, SC FOR APSCSL The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO. 12896 OF 2023

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ORDER:

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Sri M.Vinodini Ruth, learned counsel, representing Sri Bobbin Srinivas, learned counsel for the petitioners submitted that, the cause in this Writ Petition does not survive for adjudication and it has become infructuous.

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Taking the submission into consideration, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, pending if any, shall

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stand closed.

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Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// ^^SECT^ON OFFICER

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To,

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One CC to Sri Srinivas Bobbili, Advocate [OPUC] 2. Two CCs to GP for Civil Supplies. High Court of Andhra Pradesh. [OUT] 3. One CC to Sri P. Hemachandra, SC for APSCSL (OPUC) 4. Three C.D. Copies. Cnr

HIGH COURT

DATED:11/10/2023

ORDER

WP.No.12896 of 2023

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S 0 5 DEC 2023
Current Section
J 1

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DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS

Adi Narayana Transport v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Adi Narayana Transport v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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