Telangana High Court
WP/26991/2006 of Polipaka Yadagiri S/o Ailaiah Vs The Superintendent, CKM. Government Maternity on 27 December 2006
Ms. JUSTICE G. ROHINI WRIT PETITION No.26991 OF 2006 ORAL ORDER: This writ petition is filed seeking a declaration that the tender notification dated 27.11.2006, issued by the 1st respondent inviting tenders from registered firms/pharmacists/individuals having experience in the field of
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.26991 OF 2006
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ORAL ORDER:
This writ petition is filed seeking a declaration that the tendernotification dated 27.11.2006, issued by the 1[st] respondent invitingtenders from registered firms/pharmacists/individuals havingexperience in the field of running Medical Shops for a period of 2 yearsin the CKM Government Maternity Hospital, Matwada, Warangal, asarbitrary and illegal.
It is not in dispute that the petitioner established a pharmacyshop in the premises of the CKM Government Maternity Hospital in theyear 1996-97, pursuant to the permission granted by the DistrictCollector on payment of rents. It appears that a dispute arose whenthe rents were enhanced from Rs.500/- to Rs.5,000/- and,consequently, the petitioner filed W.P.No.26396 of 2005. This Courtdismissed the said writ petition with a direction to the petitioner toremove the shop situated in the premises of CKM GovernmentMaternity Hospital, Matwada, Warangal, within 10 days. Questioningthe said order, the petitioner preferred W.A.No.2513 of 2005. Pendingthe said Writ Appeal, the Division Bench directed the petitioner to paythe rent at the rate of Rs.1,000/- per month. The said Writ Appeal wasfinally disposed of by Judgment dated 5.6.2006 recording thestatement of the Government Pleader that the shop in question wouldbe allotted for a period of two years after following the prescribedprocedure and, till then, the petitioner will be allowed to continue tooccupy the shop.
It is not in dispute that pursuant to the order of the DivisionBench, the petitioner is being continued till today. However, when the1[st] respondent issued the impugned tender notification for allotment ofshop, this writ petition is filed with the above prayer.
Having heard the learned counsel for the petitioner, I do not find any justifiable reason to hold that the impugned notification is eitherarbitrary or illegal. Though the learned counsel for the petitionervehemently contended that the said notification is contrary to theJudgment of this Court in W.A.No.2513 of 2005, I am unable to agree,since the Division Bench disposed of the Writ Appeal recording thestatement of the learned Government Pleader that the shop will beallotted following due process of law and, till then, the petitioner wouldbe continued.
Admittedly, the petitioner has not been disturbed so far, and theimpugned tender notice is issued for fresh allotment in accordancewith law. Thus, the impugned action is in terms of the Judgment of theDivision Bench and the contentions of the petitioner are misconceivedand cannot be accepted.
Accordingly, the writ petition is dismissed. No costs.
27[th] December, 2006.Kgr.
____________(G. ROHINI, J.)
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.26991 OF 2006
27[th] December, 2006.
Between:
Polipaka Yadagiri. .. Petitioner.
AndThe Superintendent,C.K.M. Government Maternity Hospital,Warangal and others. .. Respondents.