Jiyaguda Arya Katika Association-Hyderabad v. The State Of Telangana

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21624 of 2015 17.11.2015 Between:

Jiyaguda Arya Katika Association, Hyderabad .. Petitioner and The State of Telangana, represented by its Principal Secretary, Municipal Administration and Urban Development Department, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.E.Venkataiah Counsel for respondent No.1: Assistant Government Pleader for Municipal Administration and Urban Development (TS) Counsel for respondent Nos.2 and 3: Mr.P.Kesava Rao, standing counsel for the Greater Hyderabad Municipal Corporation The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside the tender notification, dated 07.07.2015, issued by respondent Nos.2 and 3. Respondent Nos.2 and 3 filed a counter-affidavit through the Assistant Director, Veterinary Section, Central Zone, Greater Hyderabad Municipal Corporation (GHMC), wherein it is, inter alia, stated as under: "I submit that as far as the subject matter of the writ petition is concerned, in pursuance of the Tender Notification dated 07.07.2015, the tender process is completed and the contract is awarded in favour of Smt.G.Maneesha, she being the highest bidder for a sum of Rs.10,25,751/- per month for the right to collect fee on sale of live sheep and goats. As far as the right to collect fee on parking of vehicles is concerned, it is awarded in favour of Sri D.Narsing, i.e., son of the President of the Petitioner Association, he being the highest bidder for an amount of Rs.4,00,000/- per month. Accordingly, the proceedings have been issued and Agreements are also entered into with the highest bidders."

No reply-affidavit is filed by the petitioner controverting the aforementioned averments.

As auction has already been held after the filing of the writ petition, the prayer in the writ petition, as it is conceived, has become infructuous. However, if the petitioner feels aggrieved by the finalization of tenders, it shall be free to avail fresh remedy questioning the same.

Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.

As a sequel to dismissal of the Writ Petition, W.P.M.P.No.27884 of 2015 filed by the petitioner for interim relief shall stand dismissed as infructuous. _________________________ C.V.NAGARJUNA REDDY, J 17th November, 2015 GHN