In a writ petition challenging a municipal tender notification for auctioning vacant shops, counsel agreed the process had lapsed. The Court held no further intervention was necessary and closed the petition.
The writ petition was closed. No 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.
11^
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 827 OF 2024
Between: The New Shopping Complex Municipal Vegetable Market Association, D.No.3-8-5, Mukkidipeta, Hindupur, Rep. by its Secretary, B Narasimhulu, S/o. Late B Anjineyalu, Aged about 46 years, Occ Business, R/o D.No. 17-8-77, Bapuji Nagar, Hindupur Town, Sri Sathya Sai District Erstwhile Anantapur District.
...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 order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India' questioning the action of the 2hd respondent in issuing Tender notificationthrough paper publication inviting tender for open space at Parigi Bus stand (Gazette No.93/2023) numbering 24 by fixing each Rs.50,000/-' Without considering that the businesses would utterly effects in New Commerciai Shopping Compiex buiid as iilegai, arbitrary and vioiative of
V,.
principles of natural justice and violative of Article 14, 21 and 300-A of Constitution of India and also violative of AP Municipalities Act and consequently set- aside the same
( V
lA NO: 1 OF 2024
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 stay all further proceedings in pursuant to Tender notification issued by the 2 nd respondent in issuing Tender notification through paper publication inviting tender for open space at Parigi Bus stand (Gazette No;93/2023)
Counsel for the Petitioner
:SRI P,NARAHARI BABU
Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV
Counsel for the Respondent No.2 :SRI N.RANGA REDDY, Standing Counsel
The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.827 OF 2024
The New Shopping Complex Municipal Vegetable Market Association D.No.3-8-5, Mukkidipeta, Hindupur, represented by its Secretary, B.Narasimhulu, S/o late B.Anjineyulu, Aged about 46 years, Occ: Business, R/o D.No. 17-8-77, Bapuji Nagar, Hindupur Town, Sri Sathya Sai District, Erstwhile Anantapur District.
... Petitioner
Versus
The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration 86 Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh and another.
... Respondents
Counsel for the petitioner ; Sri P.Narahari Babu Counsel for respondents : GP for Municipal Administration
:: ORDER ::
Impugning the auction to 33 shop rooms in Padma Shri Kalluru Subbaravu Mini Market on Lepakshi Road, DBColony and 24 vacant shops in the vicinity of Parigi Bus Stand, the above writ petition is filed.
/
- As seen from the paper notification, the applicationshave to be submitted on or before 06.01.2024. The date of auction is on 09.01.2024.
- Learned counsel on either side would submit that the auction was not conducted on 09.01.2024 and the notification issued in the news paper is lapsed.
- Learned Standing Counsel would also submit that fresh notification will be issued and the authorities will follow due procedure.
- In view of the submission of learned Standing Counsel, since the notification is lapsed, no further orders are required in the writ petition.
- Accordingly, the Writ Petition is closed. No costs.
As a sequel, all the pending miscellaneous petitionsshall
stand closed.
//TRUE COPY//
SD/- K.TATATAO DEPUTY REGISTRAR SECTIO^OFFICER
&
To,
PSR
HIGH COURT
DATED: 12/02/2024
ORDER
WP.No.827 of 2024
CLOSING THE WRIT PETITION WITHOUT COSTS
3 issues framed by the court
Whether the tender notification issued by the Municipality is arbitrary and violative of fundamental rights.
Whether the auction proceedings can be stayed pending fresh tender.
Whether the High Court should interfere with the municipal tender process.
4 provisions across 1 enactments
The New Shopping Complex Municipal Vegetable Market Association
The State of Andhra Pradesh
The Hindupur Municipality
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
