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2025 DAILYLAW 8467 (AP)

Shaik Jaleel Basha v. State of Andhra Pradesh,

WP/4703/2025 · 2025-02-21

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010091622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4703/2025 Between: Shaik Jaleel Basha ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DHANUNJAYA BARU Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare action of the 2nd and 3rd Respondents in issuing table auction/short tender notice vide F.No.R1/4/Rent/DCB/KNL/20 14-S dated 19/02/2025 calling tenders within a period of 3 days instead of issuing wide public auction notification to auction item no.1 to 8 without fixing fees for each item, to the 4th Respondent as illegal, arbitrary, and unconstitutional and consequently set-aside table auction/short tender notice vide F.No.R1/4/Rent/DCB/KNL/2014-S dated 19/02/2025 issued by the 2nd and 3rd Respondents and to pass such other order or orders…” 2. Heard learned counsel for the petitioner and Sri P. Veera Reddy, learned designated Senior Counsel appearing for respondent Nos.2 and 3 and both made their respective arguments. 3. The grievance of the petitioner is that the tender notice issued vide F.No.R1/4/Rent/DCB/KNL/2014-S dated 19.02.2025 was a secret notice to suit the persons of 2nd and 3rd respondents’ choice, which amounts to corrupt practice, thereby damaging and causing loss of income to the 4th respondent and only three days time is framed to submit tenders without any whisper to public at large and the whole episode is secret operation to suit some person or the syndicate. Hence, tender notification is contrary to the letter and spirit of Section 23 of the Wakf Act. Learned counsel for the petitioner argued that giving three days time to submit tender is unlaw and detrimental to the Dargah or Wakf institution. 4. It is argued by the learned Senior Counsel since the petitioner has not submitted any bid and the tender notification was published in newspaper which has extensive circulation and argued that the petitioner has no right to contest the offer. 5. Learned Senior Counsel has agreed that the time will be extended for ten (10) days to submit the tender however starting from the notification date or until 27.02.2025. 6. Without delving into merits of the case, the Writ Petition is disposed of directing the authority concerned to extend the time for submitting the sealed tenders up to 27.02.2025. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 21.02.2025 KAS 47 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.4703 of 2025 Date: 21.02.2025 KAS