Court dismissed a writ petition filed to declare a tender acceptance illegal because the selected bidder did not belong to SC/ST/EBC categories, rejecting the petition for lack of prima facie material.
Writ Petition and connected petition dismissed due to lack of prima facie material supporting the plea.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE SIXTH DAY OF JANUARY, TWO THOUSAND AND TWELVE
PRESENT:
THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.651 of 2012
Between:
G. Kornelia.
… Petitioner
And
The Regional Manager, APSRTC SPSR Nellore and others.
… Respondents
Counsel for the petitioner: Sri P. Ravi Kiran
Counsel for the respondents: Sri Kallakuri Srinivasa Rao
This Court made the following:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.651 of 2012
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 to 4 in declaring respondent No.5 as successful bidder in respect of stall No.10 (3’x4’) of Nellore main bus station in pursuance of tender notice, dated 22.11.2011, as illegal and arbitrary. I have heard Sri P. Ravi Kiran, learned counsel for the petitioner and perused the record.
The only ground on which the petitioner has assailed the acceptance of the offer of respondent No.5 for running the stall at Nellore main bus station is that the latter does not satisfy the requirement of belonging to SC/ST/EBC category.
At the hearing, the learned counsel for the petitioner fairly conceded that except making a statement in the affidavit, the petitioner has not produced any material in support of his plea that respondent No.5 does not belong to any of the three reserved categories.
In my opinion, unless the petitioner files relevant material to prima facie support his plea, the Writ Petition cannot be entertained. In this view of the matter, the Writ Petition is dismissed.
As a sequel, WPMP.No.800 of 2010 is also dismissed.
____________________________ C.V.NAGARJUNA REDDY, J
Date: 06.01.2012 ES
2 issues framed by the court
Whether a writ petition challenging tender acceptance due to alleged lack of reserved category eligibility can be entertained without supporting material.
Whether a petitioner must file material to prima facie support the plea of reservation violation.
G. Kornelia
The Regional Manager, APSRTC SPSR Nellore
C.V.NAGARJUNA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
