This single-paragraph order dismisses a writ petition questioning a tender notification for market fees as infructuous because the contract period had already expired, leaving no cause for adjudication.
The writ petition was dismissed as infructuous on the ground that the contract period had expired.
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THE HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No. 7901 OF 2013
ORDER:
This writ petition is filed questioning the tender notification Roc.No.54/2013/A1, dated 12.03.2013, published in Eenadu Daily News Paper in District Edition on 14.03.2013 calling for the tenders for collection of market fee/Cess in the respondent municipal market i.e. fish and meat market by fixing the auction date on 18.03.2013, as illegal and arbitrary.
The case of the petitioner is that he was the highest bidder during the year 2012-13 and the contract period expires on 31.03.2013; since last three years he incurred loss in collecting the market fee from the fish sellers etc., therefore, he submitted a representation on 13.03.2013 requesting the respondent to allot the said contract again to him for collection of market fee/cess etc by enhancing 10% from its existing rate without calling for tenders; that the respondent, without considering his representation, issued the impugned tender notice.
As the period of contract has already expired, the cause in the writ petition does not survive for adjudication. Accordingly, the writ petition is dismissed as infructuous. No costs.
Pending miscellaneous petitions, if any, shall stand dismissed.
____________________________ KONGARA VIJAYA LAKSHMI, J. 10-12-2018 kvrm
Petitioner
Respondent Municipal Market Authority
Kongara Vijaya Lakshmi
As recorded by the court registry
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