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2025 DAILYLAW 43492 (AP)

Pothina Jaya Bala Krishna v. The Union of India Rep. by its Secretary,

WP/12759/2017 · 2025-02-02

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAWjmt (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY J TWO THOUSAND AND TWENTY FIVE ■-4. '4\-' fl T ■0 0|v ik PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12759 OF 2017 Between: Pothina Jaya Bala Krishna, S/o. P. Appa Rao, Age; 44 years, Occ: sole Proprietor M/s. Soumya Transport, R/o. Dr. No. 1-11, PM Palyam (Old), Near Car Shed Junction, Visakhapatnam -533004 Andhra Pradesh. ...PETITIONER AND The Union of India Rep. by its Secretary, Ministry of Finance (Expenditure), North Block, New Delhi -110001. The Union of India, Rep. by its Secretary, Ministry of Petroleum & Natural Gas, Shastri Bhavan, New Delhi. The Union of India, Rep. by its Secretary, Ministry of Social Welfare & Empowerment, Shastri Bhavan, New Delhi. Indian Oil Corporation, Rep. by its Chairman, 254-C, Dr. Annie Beasant Road, Worli, Mumbai. Indian Oil Corporation, Rep. by its General Manager, Operations, Indian Oil Bhavan, G9, Ali Yavar Jung, Bandra Extension, Mumbai. Deputy General Manager (Operations), Indian Oil Corporation Limited, Marketing Division, Telangana and Andhra State Office, 3-6-436 to 438, 2nd 86 3rd Floor, "Naspur House", Himayatnagar, Hyderabad - 500029 The Senior Depot Manager, Indian Oil Corporation Limited, Marketing Division, Visakhapatnam Terminal, Malkapuram PO, Visakhapatnam. ...RESPONDENTS 1. 2. 3. 4. 5. 6. 7. Petition under Article 226 of the Constitution of India praying thatin 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 WRIT OF MANDAMUS or any other appropriate writ declaring the provisions relates to reservation for SC/ST incorporated in the Tender Document in Tender No. TAPSO/POLA/ZGAA/O/PT-09/17-22, dt. 11.03.2017 inviting tenders for road transportation of Bulk Petroleum Products-MS/ HSD/Branded Fuels Extension Visakha Terminal under Two- Bid System from Tank Truck Owners for award of contracts for road transportation of bulk petroleum products with effect from 01.06.2017 or at a date to be decided at the discretion of the company for a period of three years with option for extension up to further two more years at the sole discretion of the company from bulk oil storage & handling location at Visakhapatnam Terminal is illegal, arbitrary, discriminatory and without any authority of law and ultravires the Chapter VI of General Financial Rules 2005 and violation of Articles 14, 15, 16 and 21 of Constitution of India and contrary to Chapter III of Part 12 of the Constitution of India and the same is liable to be struck down and consequently direct the respondents 4 to 6 to evaluate the tenders without reference to the provisions of reservation for SCI STs contained in the tender notification and pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice. LA. NO: 1 OF 2017(WPMP. NO: 15853 OF 2017) 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 4 to 6 not to finalize the technical & price bids of Tender No.TAPSO/POLA/ZG/WO/PT-09/17-22, dt. 11.03.2017 pending disposal of Writ Petition. 'tounsel for the Petitioner: SRI VIJAY CHANDRA REDDY REPRESENTING SMT D.NEEHARIKA REDDY Counsel for the Respondent Nos.1 to 3: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.4 to 7: SRI DOMINIC FERNANDES The Court made the following: ORDER ..iSW 4 APHC010013022017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 3f: MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12759/2017 Between; ...PETITIONER Pothina Jaya Bala Krishna AND ...RESPONDENT(S) The Union Of India Rep By Its Secretary and Others Counsel for the Petitioner; 1,D NEEHARIKAREDDY Counsel for the Respondent(S); 1.DEPUTY SOLICITOR GENERAL OF INDIA 2.DOMINIC FERNANDES The Court made the following ORDER; learned counsel representing the petitioner and the learned Heard the counsel for the respondents. When the matter is taken up for hearing. Sri Vijay Chandra Reddy, submits that the cause in the and no further adjudication is necessary learned counsel representing the petitioner present Writ Petition does not survive in the present Writ Petition. Therefore, the Writ Petition becomes infructuous. H m 4.^ 4.^ \ Recording the said submission, Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- B. PRASADA RAO ASSISTANTvREGI^TkAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Smt. D. Neeharikareddy, Advocate [OPUC] 2. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of Andhra Pradesh. [OPUC] 3. One CC to Sri Dominic Fernandes, Advocate [OPUC] 4. Three CD Copies. gi HIGH COURT DATED:03/02/2025 ORDER WP.No.12759of2017 I* 23 MAY 2025 ^ . Current Section . >!s£^SPATCWf5^ DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS