J. Vijay Kumar, v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WP .NO:40131 of 2014 Between:
J.Vijay Kumar S/o. Krishna, R/o. H.No.:24/96, Lingala Colony, Payakarao Peta, Visakhapatnam District, Andhra Pradesh.
..... Petitioner AND 1 The State of Andhra Pradesh, Rep. by its Managing Director, Andhra Pradesh State Road Transport Corporation, Hyderabad.
2 The Regional Manager, Andhra Pradesh State Road Transport Corporation, Rajahmundry, East Godavari District, Andhra Pradesh. 3 The Personal Officer, Office of the Regional Manager, Rajahmundry Region, Andhra Pradesh State Road Transport Corporation, Rajahmundry, East Godavari District.
4 The Depot Manager, Rajahmundry Depot, Andhra Pradesh State Road Transport Corporation, Rajahmundry, East Godavari District. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2nd and 3rd respondents in canceling the tender of the petitioner unilaterally without any notice to the petitioner who is the highest bidder in Tender Notification No.:2/437(90)2014-RMEG, dated 13.10.2014 in respect of Canteen, at Annavaram Bus Station, Tuni Depot, East Godavari District, Andhra Pradesh as mentioned in item No.:22 of the notification and in issuing fresh Tender Notification No. 2/437(1)2014-RMEG, dated 15.12.
2014 to be held on 27.12.2014 as illegal, arbitrary, mala fide and unsustainable in the eye of law, consequentially stay of all further proceedings in Tender Notification No.:2/437(1)2014-RMEG, dated 15.12.2014 to be held on 27.12.2014 issued by the 3rd respondent on behalf of the 2nd respondent in respect of Canteen, at Annavaram Bus Station, Tuni Depot, East Godavari District, Andhra Pradesh, and it is further prayed for a direction to the respondents herein to award contract in favour of petitioner by accepting the tender of the petitioner as he is the highest bidder in Tender Notification No.:2/437(90)2014-RMEG, dated 13.10.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI V.SAI KUMAR, Advocate for the Petitioner and of Sri S.V.Ramana, learned Standing Counsel for APSRTC, for Respondents, and the Court made the following:
ORDER:
Sri S.V.Ramana, learned Standing Counsel for APSRTC, seeks time for filing counter-affidavit.
Post on 02.02.2015.
Finalisation of tenders, if any, shall be subject to the result of the Writ Petition. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Managing Director, State of Andhra Pradesh, Andhra Pradesh State Road Transport Corporation, Hyderabad.
2 The Regional Manager, Andhra Pradesh State Road Transport Corporation, Rajahmundry, East Godavari District, Andhra Pradesh. 3 The Personal Officer, Office of the Regional Manager, Rajahmundry Region, Andhra Pradesh State Road Transport Corporation, Rajahmundry, East Godavari District.
4 The Depot Manager, Rajahmundry Depot, Andhra Pradesh State Road Transport Corporation, Rajahmundry, East Godavari District (1 to 4 by RPAD) 5 One CC to SRI V.SAI KUMAR, Advocate (OPUC) 6 One spare copy.
SRL HIGH COURT CVNRJ
DATED: 27-12-2014 NOTE: POST ON 02.02.2015.
ORDER
W.P.NO. 40131 OF 2014 DIRECTION
HIGH COURT Drafted by: SRL Date of Drafting : 29-12-2014 CVNRJ DATED: 27-12-2014 NOTE: POST ON 02.02.2015.
ORDER
W.P.NO. 40131 OF 2014 DIRECTION