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2025 DAILYLAW 46888 (AP)

M/s. Swipe Champ, v. The State of Andhra Pradesh,

WP/11108/2025 · 2025-05-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF' MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11108 OF 2025 Between: M/s. Swipe Champ, Rep. by its Proprietor, Abrar Khan Pathan, Aged 35 years, R/o. D.No. 14-10-2, 7BC Road New Gajuwaka, Visakhapatnam, Andhra Pradesh - 510 051. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Forest Department, A.P. Secretariat Buildings Velagapudi, Guntur District, Andhra Pradesh. 2. The Chief Conservator of Forests, Chief Conservator of Forests Ananthapuramu, Ananthapuramu District, Andlira Pradesh. 3. The District Forest Officer, Ananthapuramu, Ananthapuramu District Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\vith, the High Court may ■4%, be pleased to issue order writ or direction more particularly one in fhe nature of Writ of Mandamus declaring the highhanded action Respondent Authorities of the especially respondent No 3 in issuing impugned - 3000/2019/G5 dated 26-04-2025 cancellation order vide Rc.No. to the process vide tefider/auction system of e- petitioner herein by cancelling old | Konugolu portal bearing Auction ID 2025 soon after i 04-2025 No. 25041 conducted online on 25-04 issuing acceptance letter/sale intimation letter on the unknown administrative dated 25- reasons, as illegal, arbitrary, exercise of power in violation of Doctrine of Legitimate Expection in violation of Principles of Natural Justice and also in violation of Articles 14,19(1) (g) and 21 colourable of the Constitution of India and also in issued in e-procurement auction online e- violation of terms and conditions i Auction Notice dated 16-04-2025 and consequently of aside the impugned cancellation order vide RC No. 3000/2019/G5 dated 26-04-2025. lA NO: 1 OF 2()9f^ Petition under Section 151 CPC praying that in the circumstances may be vide Rc.No. stated in the affidavit filed i pleased to in support of the petition, the High Court suspend the impugned cancellation order 3000/2019/G5 dated 26-04-2025 and consequently direct the 3rd bearing Registration No. AP 39 BS 1235 i disposal of the above main writ petition. in favour of the petitioner pending Counsel for the Petitioner: Counsel for the Respondents: The Court made the following Order: SRI. MOHAMMAD NAYAB RASOOL GP FOR FORESTS APHC01 0223672C.25 IN the high court of ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdicijon) [3328] ■ , m 1 • MONDAY, THE FIFTH DAY OF MAY^ TWO THOUSAND AND TWENT'F PRESENT THE HONOURABLE SRI JUSTICE PRASAD GANNAMANENl RAMAKRISHNA ^AfpiT petition NO: 1110_8/:!0Y5 Between: 1.M/S. SWIPE CHAMP PATHAN, . GAJUWAKA, VISAKHAPATNAM REP BY ITS PROPRIETOR, ABRAR KHAN aged 35 YEARS, R/0, D.NO. 1^-l0-2, 7BC ROAD NEW ANDHRAFR,ADESH-510 051, ...PETITIONER AND BY ITS SPECIAL CHIEF A.P. SECRETARIAT ANDHRA OF ANDHRA PRADESH, REP forest DEPARTMENT, VELAGAPUDI, 1.THE STATE ' SECRETARY buildings PRADESH. GUNTUR DISTRICT c, iSHlEF CONSERVATOR thapuramu district, CHIEF CONSERVATOR OF FORESTS ananthapuramu, ANAN 2.THE OF FORESTS ANDHRA PRADESH ananthapuramu OFFlCEl’> district ANDHRA PFADESH forest district ananthapuramu 3.the ...RESPONDENT(S): Counsel for the Petitioner; .MOHAMMAD NAYAB RASOOL nsel for the Respondent{S): 1 .GP FOR FORESTS The Court made the following; 1 Cou ^RAL ORDFR- Heard Sri MD Nayab Rasool, learried Cou and Sri T S. Rayalu, learned Governrrren, Pleader ,o Forests eomphance with the Order of this Conservator of Forest, Ananll •icer, AnanU nsel for the Writ Petitioner 2. In Pourt dated ■'apuram, Ms. R. Yesoda Bai G. VIgnesh Appavu, District Forest Off! online and have the same, the 30.04.2025, as well as Sri appeared art. In view of lapuram, have the queriffs of this Co satisfactorily answered ir presence is discharged. 3. Learned Co dated 30.04.2025 to deposit the unsel for the Petit the District Forest Office loner would sut >mit that. v,de Proceed mgs emitted the Writ Petitioner r has pi2 amount. 4. Learned Counsel IS given 15 days’ time. for the Petitioner would also submit Petitioner that the Writ 5. Learned Cou rest Officer has sel for the Petitioner would submit that although the granted only 3 dav<,’ ti- f pen -ne Fender R0.ifi03.1pp, 3000033,: hTdotr:.:,::.:: 'Strict Forest District Fo amount, as period of 15 days for the deposit of the entire amour t. Since the Di permission for the Writ Petitioner I thereby withdraw! the 15 days period shall reckon may be allowed to deposit Officer has fi nally accorded bid amount to deposit the 3 his earlier Proceed only on 30.04.2025 n( dated 26.04.2025 ing Irom 01.05,2025 The Writ Petitio onwards, amount within the ti- ner the t id specified hereinabove ime 6. With these directions order as to costs. In.erlocu.oryAppI,canons, if any, s.and and observat ions, t'lis Writ Petition allowed. No stands 7 closed "1 terms of this order registrar //true copy// T Ti section'officer To, T Special Chief Melagapudi, Guntu Secretary, Forest Dep -T District, Andhra Pradesh artment, A F Secretariat Buildings 2 The Chief Conservator Ananthapuramu, Of Forests, Chief Conse rv Ananthapuram ator of Forests Prade.-sH 0 District, And Ananthapuramu, A nanthapuramu District 3. The District Forest Officer Andhra Pradesh. One CC to Sri Mohannmad Nayab Rasool, Ad''Ocate [OPUC] 5. Two CCs to GP for Forests, Fligh Court of Anchra Pradesh [OUT] 4. 6. Three CD Copies Vna high court DATED;05/05/2025 ORDER WP.No.11108 of 2025 allowing the writ WITHOUT COSTS petition