The High Court of Andhra Pradesh dismissed a writ petition challenging a government decision regarding a food supply tender as infructuous without costs, noting the cause did not survive for further adjudication.
Writ petition dismissed as infructuous. Liberty granted to file a fresh petition. No order as to costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3799 OF 2022
Between:
Sri Balaji Groundnut Oil Mill, Rep. by it's Proprietor, Sri Andhavarapu Saran Koushik, S/o. Govinda Rao, Aged about 27 years, R/o. 23/51, Billalavalasa Road, G. Agraham, Cheepurupalli, Vizianagaram.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India 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 the action of the respondent authorities in disqualifying the petitioner from technical bid in E- PROCUREMENT Tender Notification for supply of food Item to Anganwadi Centers under the Scheme YSR SampoornaPoshna for the period date from 01-11-2021 to 31 10 2022 (one year) vide Tender No. WD CW ICDS SNP/102-1/2020 and awardingtenderinfavourof the 4*'' Respondent, vide Progs.No.110-1/A/2020 Dated 08.02.2022 ,as arbitrary, illegal, null and void and contrary to Law and against the Norms of the public policy and against the principles of Natural Justice and violation of Article 19 of the Constitution of the India and to set aside the same and pass such other order or orders in the interest of Justice and to pass such other order or orders in the interest of Justice.
(Prayer is amended as per C.O.Dt.23.03.2022 in IA.No.3/2022)
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the writ petition,theHighCourtmaybepleasedto stay of all further proceedings including the finalizationorenteringintoagreement in pursuance of "E- Procurement Tender NotificationForSupplyofFoodItemsto Anganwadi Centers Under the Scheme "YSR Sampoorna Poshana"fortheperiod date from 01-11-2021 to 31-10-2022 (One Year)", videTenderNo.WD&CW /ICDS-SNP/102-1/2020, pending disposal of the abovewritpetition.
lA NO: 4 OF 2022
Between:
...PETITIONERS/RESPONDENTS AND
...RESPONDENT/PETITIONER
...RESPONDENT/RESPONDENT
(R2 is not necessary party in this petition)
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleasedto vacate the interim order dt 11-02-2022 passed in WP.3799/2022anddismissthe writ petition
lA NO: 5 OF 2022
Between:
th
M/s.M. Sridhar Babu, Proprietor Not Known to the Petitioner,D.No.25/3/376,4 CRP Road, Nethajinagar, Nellore- 524004.
...PETITIONER/RESPONDENT No.4 AND
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order dt 11-02-2022 in lA 1/2022 in WP. 3799/2022.
lA NO: 6 OF 2022
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings Progs. No. 110-1/A/2020///2020,dated 16-02-2022 in favour of the 4**^ respondent, pending disposal oftheaboveWritPetition.
Counsel for the Petitioner ; SRI VENKATESWARA RAO GUDAPATI
Counsel for the Respondent Nos.1 to 3 : GP FOR WOMENDEVELOPMENT& CHILD WELFARE
Counsel for the Respondent No.4 : SRI CH. MADHAVA RAMAN
The Court made the following: ORDER
THE HON*BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITON N0.3799 OF 2022
ORDER:
Heard learned counsel for the petitioner and learnedcounsel for the respondents.
When the matter is taken up for hearing, learned counselfor the petitioner submits that the cause in the presentWritPetition does not survive for further adjudication and the Writ Petition becomes infructuous.
Recording the said submission, Writ Petition is dismissed as infructuous. However, the petitioner is at libertyto file a fresh writ petition, if he has any grievance. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall
stand closed.
Sd/- N.NAGAMMA ASSISTANT] REGISTRAR //TRUE COPY// c; SECmN OFFICER
To,
HIGH COURT
DATED:24/11/2023
ORDER
WP.No.3799 of 2022
DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS
Sri Balaji Groundnut Oil Mill
The State of Andhra Pradesh
The Project Director, District Women and Child Development Agency
The District Purchasing Committee
M/s. M. Sridhar Babu
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
