The Single Judge dismissed the Writ Petition challenging an eAuction for forest plantations. Noting that the successful bidder had entered into an agreement and completed over 50% of the harvesting work, the Court held that the cause of action did not survive and closed the petition.
The Writ Petition was closed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.15491 of 2023
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
“…. to appropriate Writ Order or Direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in the process undertaken by the respondents in conducting eAuction vide Notice Ref No DFO Nellore Rc No 1898/2020/F3 dt 18 03 2023 for sale of 1 71 825 64 Metric Tonnes of VSS/Departmental Eucalyptus Debarked Wood as single unit as the same was done with a malicious intention to favour some segment of contractors as illegal unreasonable diScriminatory arbitrary and violative of Article 191g of Constitution of Indian and consequently this Honble court may be pleased to setaside the entire process undertaken by the respondents in and connected with conducting eAuction vide Notice Ref No DFO Nellore Rc No 1898/2020/F3 dt 18 03 2023 and direct the respondents to issue fresh notifications by dividing the total plantations in to such several units which will enable the small contractors to participate in the eAuction process and prevent frauds and pass....”
2
purchasing of the above said Eucalyptus Debarled Wood from VSS/Departmental Plantations situated in Atmakur, Kavali, Udayagiri, Nellore and Rapur Ranges of Nellore (Territorial) Division in the Andhra Pradesh. As per the notification, all the plantations shall be sold through the public e-auction method in one or more phases on 12.04.2023, 19.04.2023 and 26.04.2023 till the notified quantity of Eucalyptus produce is sold. The EMD for participation in the e-Auction was been put to Rs.2,00,00,000/- and it is mentioned in the notification that the minimum price to be quoted by bidders shall be the start price plus Increment value of Rs.10/- or its multiples indicated against unit per MT.
3
between the contractors and the department officials in finialising the auction process for very much cheaper price by preventing the other contractors to participate in the e-auction process. Challenging the same, the present Writ Petition is filed.
4
caused loss to the FDA and Department, as such the respondents have decided to go for tenders to all 816 VSS plantation as one single unit.
5
As a sequel, Miscellaneous Petitions pending, if any, in
this Writ Petition, shall stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 02.01.2024 KGR
6
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.15491 of 2023
Date : 02.01.2024
KGR
3 issues framed by the court
Whether the writ petition challenging the single-unit eAuction of forest plantations survives after the auction was completed and work commenced by the successful bidder.
Whether the petitioners sought alternative reliefs.
Whether the dismissal of the petition is appropriate given the status of the auction process.
Petitioner
Respondents
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
