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2025 DAILYLAW 32509 (AP)

M.S. Traders v. The State of Andhra Pradesh

WP/29201/2022 · 2025-07-16

K Sreenivasa Reddy

body2025

Judgment text

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APHC010480692022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.29201 OF 2022 Between: 1. M.S. TRADERS, ADONI, REP. BY ITS PROPRIETOR, MITHAIWALE SHAIKSHAVALI S/O MITHAIWALE ABDUL AZEEZ SAB, AGED ABOUT 53 YEARS, FT/O 21-224- 27,SKD COLONY, 0 ROAD,ADONI,KUMOOL,AP-518301 2. SRI SRINIVASA TRADERS, ADONI, REP. BY ITS PROPRIETOR, P. SRINIVASULU S/O PASUPULA RAMI REDDY, AGED ABOUT 42 YEARS, R/O H-NO 2- 174, ORAVAKALU, HUSAINAPURAM, KURNOOL,AP-518301 ..PETITIONERS AND 1. THE STATE OF ANDHRA PRADESH, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE OF ANDHRA PRADESH, SOCIAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 3. THE DISTRICT COLLECTOR, NANDYAL DISTRICT, ANDHRA PRADESH. 4. THE JOINT COLLECTOR / CHAIRMAN, DISTRICT PURCHASE COMMITTEE, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. SRK, J WP No.29201 of 2022 2 5. ANDHRA PRADESH SOCIAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY APSWREIS, TADEPALLI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS SECRETARY. 6. DR B R AMBEDKAR SANGHIKA SANKSHEMA GURUKULA PATASALA, GOVERNMENT OF ANDHRA PRADESH, TSUNDURU, MODUKURU - 522318, GUNTUR DISTRICT, ANDHRA PRADESH. 7. THE DISTRICT COORDINATOR, APSWREIS, NANDYAL, NANDYAL DISTRICT. 8. ANDHRA PRADESHMARKFED FEED MIXING PLANT, NANDYAL, NANDYAL DISTRICT, REP. BY ITS PLANT MANAGER. ...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, Order or Direction, more particularly one in the nature of a Writ of MANDAMUS, declaring the Proceedings issued by the 4th Respondent herein in Rc.No.A/DCO-NDL/603/2022, dated 18.08.2022, thereby awarding / entrusting the work- For procurement of food provisions (Non-perishable items) to Dr. B.R. Ambedkar Gurukulams in their Districts concerned for the Academic Year 2022-23, in respect of Nandyal District, Andhra Pradesh , for implementation of diet menu immediately, on nomination basis in favour of Respondent No.8, without calling for Open Tenders as was done by the Respondents in respect of all the District of the State except Nandyal and Kurnool, as illegal, arbitrary, in violation of Article 14, 16 and 19(1)(g) of the Constitution of India and Consequently set aside the Proceedings in Rc.No.A/DCO- NDL/603/2022, dated 18.08.2022, issued by the 4th Respondent herein and direct the Respondents herein to call for Open Tenders in respect of the work- For procurement of food SRK, J WP No.29201 of 2022 3 provisions (Non-perishable items) to Dr. B.R. Ambedkar Gurukulams in their Districts concerned for the Academic Year 2022-23, in respect of Nandyal District, Andhra Pradesh and finalise the same in accordance with law forthwith. Counsel for the Petitioners: 1. CHALASANI AJAY KUMAR Counsel for the Respondents: 1. GP FOR EDUCATION 2. GP FOR REVENUE 3. ANITHA MESA (SC FOR APREIS TW SW BC) 4. GP FOR SOCIAL WELFARE 5. Y MAHA LAKSHMI SRK, J WP No.29201 of 2022 4 The Court made the following ORDER: This Writ Petition is filed questioning the proceedings issued by the 4th respondent in Rc.No.A/DCO-NDL/603/2022, dated 18.08.2022, awarding / entrusting the work of procurement of food provisions (Non-perishable items) to Dr. B.R. Ambedkar Gurukulams in their Districts concerned for the Academic Year 2022-23, for implementation of diet menu on nomination basis in favour of Respondent No.8, without calling for open tenders, as was done by the Respondents in respect of all the Districts of the State except Nandyal and Kurnool districts, as illegal and arbitrary. 2. Today, when the matter came up for hearing, both the learned counsel submitted that since the contract pertains to the year 2022-23, due to afflux of time, nothing survives for adjudication in the Writ Petition and the matter has become infructuous. 3. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:17.07.2025 Nsr SRK, J WP No.29201 of 2022 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.29201 of 2022 Date:17.07.2025 Nsr