Advent Outdoor Solutions v. The Greater Visakhapatnam Municipal Corporation
WP/33259/2016 · 2025-04-22
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39091 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39091 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010819512016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33259/2016 Between: Advent Outdoor Solutions ...PETITIONER AND The Greater Visakhapatnam Municipal Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. ANJANA TAGGARSE Counsel for the Respondent(S):
1. S LAKSHMINARAYANA REDDY(SC FOR GVMC)
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)
3. V M M CHARY The Court made the following:
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HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.33259 of 2016 ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“… to grant an order, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the decision-making process and action of the Respondent Nos.1 to 4, (i) A) In initiating the auction process vide the newspaper notification in regard to the project of installation of modern traffic signals with intelligent video surveillance system, vide the paper notification issued initially on 09.09.2011 and corrigendum issued on 9.9.2011 resulting in the B) award of the Build, Operate and Transfer Contract (‘BOT’ contract) dated 18.03.2013 to Respondent no.5, for a tenure of 7 years extendable to a period of 21 years, contrary to the terms of the Expression of Intent notified by the 1st respondent C) in pursuance of the impugned resolution no.11495 of 2011, dated 08.11.2011 by Respondent no.1 as approved by the impugned G.O.Rt.no.1455, dated 03.11.2012 by Respondent no.3, D) And in granting several relaxations and exemptions to the Respondent no.5 including permitting it to put up advertisement unipoles/advertisement boards at locations away from the traffic junctions in lieu of the traffic signal system and surveillances cameras on gantries and cantilevers at the traffic junctions vide impugned no.Rc.No.15272/2013/ACP (Advt.) dated 04.05.2016 as arbitrary and illegal, offending Article 14 of the Constitution of India with the Respondents nos.1 to 4 abdicating their position of public trust in relation to State resources and surrendering public good in favour of the Respondent no.5 and quash the same as such.
(ii) And issue consequential directions to the Respondent nos.1 and 2 to issue fresh and appropriate notifications calling for a public auction or invite tenders following the guidelines laid down in law in respect of Award of the Build, Operate and Transfer Contract (‘BOT’ contract) for the installation of modern traffic signals with intelligent video surveillance system.”
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2. The Build, Operate and Transfer Contract in favour of respondent No.1 was for a period of seven (07) years and the agreement was entered in the year 2013. 3. In view of passage of time, the original contract period between the parties had lapsed and in that view, no further orders are required to be passed in the present petition. 4. Accordingly, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand closed. __________________ NYAPATHY VIJAY,J Date: 22.04.2025 SCS
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HON’BLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 33259/2016
DATE:- 22.04.2025
SCS