M/S. J.M.C. Constructions Pvt. Ltd., v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary
HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRIT PETITION Nos. 23773, 23863, 27074, 27191, 27792, 28462, 28827, 29307, 31896, 32826, 37614, 38828 of COMMON ORDER:
1) Since all the writ petitions came to be filed questioning G.O.Rt.No.180, Transport, Roads and Buildings (R.1) Department, dated 19.06.2017 insofar as insisting for owning/ leasing a hot mix plant within 100 kms., at the time of submission of the documents, they are disposed of by this common order.
2) When the matter is taken up for hearing, the learned counsel appearing for the petitioner in all the writ petitions would submit that in an identical matter, this Court allowed the writ petition vide W.P.No.35879 of 2017, to which the learned Government Pleader for Roads and Buildings would submit that the State filed Writ Appeal No.906 of 2018 before a Division Bench of this Court, wherein the Division Bench allowed the appeal, setting aside the order in W.P.No.35879 of 2017. Challenging the same, the petitioner in W.P.No.35879 of 2017 preferred S.L.P. (C) No.23131 of 2018, which was dismissed on 10.09.2018 as such the question of going into the merits of the issue would not arise.
3) Therefore, it is clear that the issue raised in these writ petitions was already decided by a Division Bench of this Court in W.A.No.906 of 2018 holding as under:
" the bidder should have the equipment within 100 kilometers from the proposed site or not, is a decision that the State Authorities have made, obviously, having regard to different practical issues, which would have a direct bearing on timely execution of work, by maintaining the qualitative and quantitative bench marks, regarding the progress of the work from time to time."
4) The said order was carried in appeal before the Apex Court, wherein the Apex Court dismissed the S.L.P., confirming the order of the Division Bench of this Court. Hence, I see no grounds to entertain these writ petitions. 5) Accordingly, all the writ petitions are dismissed. Consequently, miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed. There shall be no order as to costs.
_________________________ JUSTICE C. PRAVEEN KUMAR 01.11.2018 gkv