BALAJI WAREHOUSING COMPANY PRIVATE LTD v. THE STATE OF ANDHRA PRADESH
WP/7847/2025 · 2025-03-26
Sumathi Jagadam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12848 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12848 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ »ii ^ WEDNESDAY, THE TWENTY SIXTH DAY OF MARCIW r/O TWO THOUSAND AND TWENTY FIVE < yj sy PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM / WRIT PETITION NO: 7847 OF 2025 Between: Balaji Warehousing Company Private Ltd, having its Reg Office at Venkus Sadan, No.610, 2nd Cross, Chikamaranahalli, Off- New BEL Road, Bengaluru- 560094, rep by its Vice President, Sri V.Sreedhar Reddy, S/o Radha Krishna Reddy. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District, The Commissioner of Civil Supplies, Government of Andhra Pradesh, D.No.10-152/1, Sri Sai Towers, 4TH Floor, Ashok Nagar, Besides Siri's Company, Bandar Road, Kanuru, Vijayawada. The Andhra Pradesh State Civil Supplies Corporation Ltd. Rep. by its Vice Chairman and Managing Director, D.No.10-152/1, Sri Sai Towers, 4th Floor, Ashok Nagar, Besides Siri's Company, Bandar Road, Kanuru Vijayawada. 2. 3. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the. Nature of a Writ of Mandamus declaring the inaction of the Respondents No. 1 to 3 in considering the Petitioner's representation vide its letter Ref 725/CMD/2024-25 dated 19.03.2025 in extending the period of Contract as per the Agreements dated 18.03.2021 as extended by the proceedings dated 20.03.2023 for transportation of full contracted quantities as highly arbitrary, illegal, null, void and against the Principles of Natural Justice and in contravention of the terms of agreement and also in violative of Fundamental Rights under Art. 19 0) (g) of the Constitution of India to and to consequently direct the Respondents to extend the contract of the Petitioner till completion of the contracted quantities of transportation of Bales of Gunny Bags from the State of West Bengal to all the Districts in the State of Andhra Pradesh.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to continue the Petitioner ^s contract for transporting Bales of Gunny bags from West Bengal to all the Districts in the State of Andhra Pradesh till the contractual quantities are fullfiled, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. BALAJI MEDAMALLI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order:
APHC010151892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7847/2025 Between: Balaji Warehousing Company Private Ltd AND ...PETITIONER ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. BALAJI MEDAMALLI Counsel for the Respondent(S):
1 .GP FOR CIVIL SUPPLIES This Court made the following;
2 JS,J W.P. No.7847 of2025
ORDER: This writ petition is filed seeking to declare the inaction of the respondents in considering the petitioner’s representation dated 19.03.2025 for extending the period of contract as per the agreement dated 18.03.2021, as illegal and arbitrary.
2. Heard both sides. Earlier, the petitioner filed W.P.No.3262 of 2025 questioning the proceedings dated 04.02.2025 issued by the 3'"^ respondent herein terminating the contract of the petitioner without issuing any prior notice or providing an opportunity of hearing.
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4. By an order dated 06.02.2025, this Court passed an order of interim suspension of the termination order for a period of three weeks. In pursuance of the same, the petitioner’s agreement was extended up to
31.03.2025.
5. Subsequently, the petitioner has made several representations to the respondents seeking extension of the period of contract, and one such representation dated 19.03.2025 is pending before the 3'"'^ respondent for
consideration. The grievance of the petitioner is that without passing any orders on his representation dated 19.03.2025, the respondents are taking steps to issue fresh tenders for this financial year.
-V . 3 JS,J W.P. No.7847 of2025 respondent submits that the Corporation reserves the right to foreclose the contract without assigning any reason, in such case, the Contractor will not be entitled to any compensation for
6. On the other hand, learned standing counsel for the 3'^' non-supply or loss of profit or any incidental costs of any kind. Payment shall be made only for supply and accepted by Corporation up to the date of effect of made this procedure. However, it is open for the petitioner to participate in the tender process.
7. In view of the above and in the facts and circumstances of the respondent is
directed to case, pass appropriate orders on the representation of the petitioner dated 19.03.2025 by giving reasonable opportunity of hearing to the petitioner before the with fresh tenders. rd the 3 respondents proceed
8. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, stand closed. if any pending, shall Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District,
2. The Commissioner of Civil Supplies, Government of Andhra Pradesh, D.No.10-152/1, Sri Sai Towers, 4TH Floor, Ashok Nagar,Besides Siri's Company, Bandar Road,Kanuru, Vijayawada.
3. The Vice Chairman And Managing Director, Andhra Pradesh State Civil Supplies Corporation Ltd., D.No.10-152/1, Sri Sai Towers, 4th Floor, Ashok Nagar, Besides Siri's Company, Bandar Road, Kanuru, Vijayawada. One CC to Sri. Balaji Medamalli Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT]
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6. Three CD Copies GSC
HIGH COURT DATED:26/03/2025
ORDER WP.No.7847 of 2025 ^ I ^ Cune«t«'«»Sy DISPOSING OF THE WP WITHOUT COSTS / /