M/S Nitya Transport, v. The A.P.State Civil Supplies Corporation Limited

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO. 5187 OF 2012 DATED:8-7-2015 Between:

M/s. Nitya Transport Rep. by its Partner N. Madhukar ... Petitioner And The A.P. State Civil Supplies Corporation Ltd., Rep. by its Vice-Chairman & Managing Director Civil Supplies Bhavan, Somajiguda Hyderabad and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONER: Ms. Vakeel Majula, for Mr. D. Linga Rao COUNSEL FOR THE RESPONDENTS: None appeared

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed for the following substantive relief: "...to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent Corporation in imposing a condition vide condition No.9(e) in the Terms and Conditions appended to Tender Notice No.PDS2/Movt/FG5(1) State-I/Tenders/2012-13, dated 30-1-2012 insisting for minimum one year of existence of partnership prior to notification of Food Grains Tenders as being arbitrary, illegal, unjust, irrational, unreasonable in violation of Articles 14 of the Constitution of India and accordingly set aside the same and hold that the petitioner is entitled to participate in the tender process including negotiations pursuant to the Tender Notice No.PDS2/Movt/FG5(1) Stage-I/Tenders/201213, dated 30-1-2012." At the hearing, Ms. Vakeel Manjula, learned counsel, representing Mr. D. Linga Rao, learned counsel for the petitioner, submitted that the cause in the writ petition does not survive for adjudication.

In view of the above submission, the writ petition is dismissed as infructuous.

As a sequel to dismissal of the writ petition, W.P.M.P. No.6604 of 2012 shall stand dismissed as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 8-7-2015 bnr