Sri.B.Baskar Naidu, v. The State Andhra Pradesh,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.6770 of 2015 Between:
Bhumireddy Veera Raghava Reddy, S/o. Bal Reddy, Aged about 42 years, Occ: Poultry Business, R/o. Plot No.104, Satya Sai Apartments, Opp: RTC Bus Stand, YSR Kadapa District, State of A.P.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Women and Child Welfare Department, A.P. Secretariat, Hyderabad & 5 others .. Respondents AND WRIT PETITION No.7146 of 2015 Between:
Sri B. Baskar Naidu, S/o. Subramanyam Naidu, Aged about: 42 years, Occ: Poultry Farmer and Trader, R/o. Naravari Palli (V), Sheshapuram (P), Chandragiri Mandal, Chittoor District, A.P.
.. Petitioner AND
The State of Andhra Pradesh, Rep. by its Principal Secretary, Women and Child Welfare Department, Secretariat Buildings, Hyderabad & 4 others .. Respondents DATE OF JUDGMENT PRONOUNCED: 23.07.2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether His Lordship wish to see the fair copy of the Judgment?
Yes/No HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.6770 & 7146 of 2015 COMMON ORDER:
In both the writ petitions, the petitioners challenge the process initiated by the respondent authorities in Kadapa and Ananthapur Districts respectively to award contract for supply of eggs to I.C.D.S. Project by inviting the tenders in sealed cover procedure. The petitioners contended that the tender process initiated by the respondent authorities is in violation of the orders of the Government in G.O.Ms.No.258, Finance (TFR) Department, dated 20.09.2013.
2. When the matters are taken up for consideration, learned Government Pleader produced orders of the Director, Women Development and Child Welfare Department, Hyderabad, Government of Andhra Pradesh, in Memo No.1425/J3/2015, dated 14.07.2015, whereunder all the Regional Deputy
Directors and Project Directors were directed to follow the tender process through e-procurement only during the procurement of the commodities in the districts as per the G.O.Ms.No.40, Finance (TFR) Department, dated 14.02.2014. In consequence to the said orders of the Director, the Project Director, District Women and Child Development Agency, Ananthapuram District, has addressed a letter to the learned Government Pleader, dated 22.07.2015, seeking leave of the Court to withdraw the tender notification issued and to grant him permission to call for fresh tenders through eprocurement. Similar letter was addressed by the Project Director, DW & CDA, Kadapa, dated 22.07.2015.
3. In view of the categorical stand of the respondents that they intend to withdraw the present tender notifications impugned in the writ petitions with liberty to proceed to issue fresh notifications through e-procurement mode, the Writ Petitions are closed giving liberty to the respondent authorities to go ahead with calling for tenders by the e-procurement method as proposed by them. The interim orders earlier passed stand vacated. Immediate action, as warranted, be taken and the tender issue should be finalized, as expeditiously as possible, by following all the norms required. In view of the same, there is no expression of opinion on merits on various contentions urged by the rival parties. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
_________________ P.NAVEEN RAO, J Date: 23rd July, 2015 KL
HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION Nos.6770 & 7146 of 2015 Date: 23rd July, 2015 KL