Andhra Pradesh High Court
WP/20539/2014 of M/S.BALAJI IMPEX,HYD,AND 2 Vs STATE OF AP,SPL.CH.SCY,FOREST,HYD,ANDANOT on 29 December 2023
COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20539 OF 2014 Between: 1. M/S.Balaji Impex, Rep. by its Managing Partner Y. Srinivasulu
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 20539 OF 2014
Between:
1.M/S.Balaji Impex, Rep. byits Managing Partner Y. Srinivasulu Reddy, S/o.SubbaReddy,agedabout37yearsR/o.FlatNo.79,RamaiahNagarKukatpally, Hyderabad.SubbaReddy,agedabout37yearsR/o.FlatNo.79,RamaiahNagarKukatpally, Hyderabad.
2.Y.Bhaskar Raju, S/o.Y.Rama Raju Aged about 36 years,[R/o.H.No.B-53][ HCL]Township, Hyderabad-500051.Township, Hyderabad-500051.
3.Smt.S.Siva Nagamani, W/o.S.Bhaskar Aged about 37 years, R/o.Flat No.501Swarna Palace, West Marredpally Secunderabad.Swarna Palace, West Marredpally Secunderabad.
...PETITIONERS
AND
1.State Of Andhra Pradesh, Rep. by its Special Chief Secretary Forest,Environment, Science & Technology Secretariat, Hyderabad.Environment, Science & Technology Secretariat, Hyderabad.
2.Principal Chief Conservator of Forest, Government of Andhra Pradesh AranyaBhavan, Saifabad, Hyderabad.Bhavan, Saifabad, Hyderabad.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that inthe circumstances statedin the affidavit filed therewith, the High Court may bepleasedto issue a Writ of Mandamus or any other appropriate Writ, Order orOrders, Direction or Directions to declare the action of the 1st Respondent in notallotting the Red Sanders Wood to the petitioners in pursuance to the directionsof the Hon’ble Court in W.P.Nos. 32819/2013 and 32833/2013 by negotiating overthe rates in respect of the quantity which the petitioners have already offered topurchaseintheenderprocessoftheyear2008,asillegalarbitrary,unconstitutional and to issue a consequential direction to the Respondents to allotthe Red Sanders Woodof the quantity whichthe petitionershaveofferedtopurchase in the tender process of the year 2008, by keeping in view the directionsof this Hon'ble Courtin W.P.Nos.32819/2013 and32833/2013, by negotiatingregarding the rate as may be recommended by the Committee appointed by theGovernment before proceeding to auction the available quantity of Red SandersWood by calling fresh tenders.
I.A. NO: 1 OF 2014(WPMP. NO: 25770 OF 2014)
Petition under Section 151 CPCis filed praying that[in][ the][ circumstances]statedin the affidavit filedin support of the writ petition, the High Court may be pleased to direct the Respondents to allot the Red Sanders Wood of the quantitywhich the petitioners have offered to purchase in the tender process of the year2008,bykeepinginviewthedirectionsofthisHon'bleCourtinW.P.Nos.32819/2013 and 32833/2013, by negotiating regarding the rate as mayberecommendedby the Committeeappointedby the Government,beforeproceedingto auction the available quantity of Red Sanders Wood by callingfresh tenders, pending disposal of the Writ Petition.
Counsel for the Petitioner: Ms. M. LAKSHMI PRIYANVITHA, representingSRI. VEDULA SRINIVAS
Counsel for the Respondent Nos. 1 &2: SRI C. SUMON,[SP.][ GP FOR][ FORESTS]The Court made the following: ORDER
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ORDER:
WRIT PETITION No.20539 of 2014
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following[relief:-]
“...to issue aWrit of Mandamus or any other appropriateWrit,Order or Orders, Direction or Directions to declare[the]action of theRespondent in not allotting the Red SandersWood to the petitioners in pursuance to the directions of theHon’ble Court in W.P.Nos.32819/2013 and 32833/2013 bynegotiating over the rates in respect of the quantity[which][ the]petitioners have already offeredto purchase in the[tender]processofthepear2008,asillegal,arbitrary,unconstitutional and to issue a consequential direction[to][ the]Respondents to allot the Red Sanders Wood of the quantitywhich the petitioners have offered to purchase in the[tender]process of the year 2008, by keeping in view the directions ofthis Hon’ble Court in W.P.Nos.32819/2013 and 32833/2013,by negotiating regarding the rate as may be recommended bytheCommitteeappointedbytheGovernmentbeforeproceeding to auction the available quantity of Red[Sanders]Wood by calling fresh tenders....”
2. Todaywhenthemattercameupforhearing,
Mr.C.Sumon,learnedSpecialGovernmentPleaderrepresentingofficeofthelearnedAdvocateGeneralhasinformedthisCourtthatpendingthewritpetitionthepetitioner has filed another W.P.No.21340 of 2014 challengingtheactionof the respondentsinrejectinghisrequestfornegotiations, which was also disposed of.
3. In view of the same, this Court feels that the cause[in][ the]writ petition does not survive.writ petition does not survive.
4. Accordingly,thewritpetitionisdismissedas infructuous. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending, if any, shall also stand closed.
SD/- V. SAVITHRI GOWRIASSISTANT REGISTRAR
///TRUE COPY//
SECTION OFFICER
To,
1. One CC to SRI. VEDULA SRINIVAS Advocate [OPUC]
2. Two CCs to GP FOR FORESTS (AP). High Court Of Andhra Pradesh. [OUT]3.Three CD Copiescsbssb HIGH COURT
DATED:29/12/2023
ORDER
WP.No.20539 of 20146 copiesN.*J'P'3.osuOii2 7 MAY 202‘irnsO'»x. Csjrrei'ii 0e.oiionJ/j DISMISSING THE WP AS INFRUCTUOUSWITHOUT COSTS