Narayan Trading Corporation v. Tirumala Tirupathi Devasthanams (Ttd)

HONOURABLE SRI JUSTICE P.NAVEEN RAO WP NO.39635 of 2016:

Between:

Narayan Trading Corporation, rep.by its Owner, Anup Kumar Agarwal s/o late S.C.Agarwal, Aged 32 years, Occu: Business at Shop No.136, Sreekrupa Market, Mahaboob Mansion, Malakpet, Hyderabad.

.....Petitioner and Tirumala Tirupathi Devasthanams (TTD), Tirupathi, Chittoor District, rep.by its Executive Officer and another.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO COMMON ORDER:

These writ petitions are filed praying to grant the following relief:

"to issue writ or direction preferably writ of mandamus declaring the action of the Respondent no.2 in imposing condition and preferring "only Dhall Millers" to participate in the tender process i.e. procurement of 2,40,000 kgs of Thoor Dhall (Red Gram Dhall) Thandoor Variety Special Grade with Agmark and 16 lakhs Kgs of Bengal Gram Dhall (Bold Variety) with Agmark and eliminating other wholesale dealers including petitioner as per the e-tender notifications M3/1294/MRKT/2016 Dt. 31-10-2016 in respect of Thoor Dhall and M3/1295/MRKT/2016 Dt.31-10-2016 in respect of Bengal Gram Dhall as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequently set aside the said condition and further direct the Respondents to permit the petitioner to participate in the e-tender process in respect of said impugned e-tender notices dt.31-10-2016." 2.

When the matters are called, learned standing counsel representing Tirumala Tirupati Devasthanam (TTD), respectively, inform the Court that the tender notifications, which are challenge in the writ petitions, are since being cancelled on 01.12.2016 and, therefore, cause in the writ petitions do not survive and have become infructuous.

3.

Leaving it open to the petitioners to work out their remedies as and when fresh tender notification is issued, if they are aggrieved, so advised, writ petitions are dismissed as infructuous.

Miscellaneous petitions, if any, pending in these writ petitions shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm