Telangana High Court
WP/24128/2002 of Sondi Veeraiah Vs Executive Officer.,Sitaramachandra Swamy on 31 December 2009
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRTY FIRST DAY OF DECEMBER, TWO THOUSAND NINE WRIT PETITION No.24128 of 2002 Between: Girijana Samkshema Parishath, Khammam, Reptd., by its
IN THE HIGH COURT OF JUDICATURE,ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
PRESENT:
THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY
THURSDAY, THE THIRTY FIRST DAY OF DECEMBER,TWO THOUSAND NINE
WRIT PETITION No.24128 of 2002
Between:
Girijana Samkshema Parishath, Khammam,Reptd., by its Convenor-Sri Sondi Veeraiah.
…
Petitioner
And
Sri Sitharamachandra Swamyvari Devasthanam,Bhadrachalam, reptd., by its Special Grade DeputyCollector and Executive Officer, Bhadrachalam,Khammam District and others.
… Respondents
Counsel for the petitioner: Ms.V.Baby Rani for Mr.P.V.Ramana.
Counsel for the respondents: ----
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-ORDER:
This Writ Petition is filed for a Mandamus to set asidetender notification, dated 23-11-2002, issued by respondentNo.1 for lease of right to run shops belonging to itsDevasthanam.
At the hearing, Ms.V.Baby Rani, learned counselappearing on behalf of the petitioner, submitted that the issueraised in this Writ Petition is squarely covered by commonorder, dated 28-7-2003, in Writ Petition Nos.6897 of 2001 and3353 of 2002, which was confirmed by common judgment, dated2-9-2008, in Writ Appeal Nos.1887 and 1957 of 2003.
I have perused the said judgments, wherein it was heldthat the action of the A.P.S.R.T.C., in calling for tenders fromgeneral public, including non-tribals in the agency area forrunning shops in the bus stations in agency areas was held tobe contrary to the land transfer regulations in force in theagency areas, and the dicta laid down by the Apex Court.
No counter-affidavit has been filed by the respondents.As the action impugned in this Writ Petition is similar to the one,which was assailed in the above mentioned writ petitions, thejudgments therein would squarely cover the issue raised in thisWrit Petition.
Accordingly, this Writ Petition is allowed following thesaid judgments and the impugned notification is set aside.Respondent No.1 is permitted to issue a fresh tendernotification calling for tenders from the tribals only.
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C.V.NAGARJUNA
REDDY,JDt.31-12-2009MNR