Telangana High Court
WP/24935/2004 of A.Chittibabu, Vs Vijayawada Municipal Corporation, on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR. JUSTICE N.V. RAMANA WRIT PETITION No. 24935 of 2004 Between: A.Chittibabu, s/o Venkateswara Rao, R/o Door No.9-65-30, Kothapet,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR. JUSTICE N.V. RAMANA
WRIT PETITION No. 24935 of 2004
Between:
A.Chittibabu, s/o Venkateswara Rao,R/o Door No.9-65-30, Kothapet, Vijayawada.
AND
..... PETITIONER
1 Vijayawada Municipal Corporation, rep., by its Commissioner, Vijayawada.Vijayawada.
2 Sri Palnati Rameshbabu, S/o Maheswara Rao, R/o Mallikharjunapet, Vijayawada-520 001.
3 Sri Subba Rao,
R/o Near Vinayaka Temple, Canal Road, Vijayawada-520 001.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue an appropriate writ, order or direction, particularly a writ of mandamus,declaring the action of the 1st respondent as illegal and ultra vires to the provisionsof Article 14 of the Constitution of India and also the mandatory provisions of theHyderabad Municipal Corporation Act and the Rules framed thereunder on thesubject from time to time, directing the 1st respondent Corporation to accept the offergiven by the petitioner in respect of the contract of collecting parking fees as per theTender Notification published bearing proceedings Rc.No.RJ-10-6459/2001 dated15-12-2004.
Counsel for the Petitioner : Mr.V.S.R.ANJANEYULU
Counsel for Respondent No.1: Mr.T.S.VENKATARAMANA, S.C. for Vijayawada The Court at the stage of admission made the following :
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ORDER:
The present writ petition is filed questioning the tender cum public Auction Noticedated 15-12-2004 for the period from 01-01-2005 to 31-12-2005 on the ground that the contractors had formed into a syndicate andoffered only a sum of Rs.10.15 lakhs and that the petitioner is willing to pay Rs.12.50lakhs and due to pendency of civil suit in O.S.No.1274 of 2004 on the file of the IIIAdditional Senior Civil Judge’s Court, Vijayawada, the first respondent is notgranting the subject contract to him.
Though, several contentions were raised, on instructions, learned Standing Counselfor respondent submitted that the first respondent has decided to cancel the tendernotification dated 15-12-2004 and to call for fresh tenders and no further orders arerequired to be passed in the present writ petition.
In the above circumstances, no further orders are required to be passed in thepresent writ petition and accordingly the writ petition is dismissed. However, thepetitioner is at liberty to participate in the fresh tenders to be called for. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
1. The Commissioner, Vijayawada Municipal Corporation,Vijayawada.Vijayawada.
2. Two CD copies.