Andhra Pradesh High Court - Amravati
S. Rahmathullah Khan, vs The State Of Andhra Pradesh, on 16 July, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No. 8515 of 2019
ORDER:
The writ petition is filed to declare the action of the 2nd and 3rd respondents in cancelling the tender for collection of fees in Town Gates, Rayachoty, Kadapa District, in pursuance of the tender notification dated 11.02.2019 issued by the 2nd respondent, on flimsy grounds and by succumbing to political pressure vide impugned resolution No.272 dated 24.06.2019 passed by the 3rd respondent, as illegal and arbitrary.
The case of the petitioner is that the 2nd respondent issued tender notification on 11.02.2019 calling for tenders for granting leasehold rights for collection of fees from daily vegetable market and town gates for a period of one year i.e., from 01.04.2019 to 31.03.2020; as per the tender conditions, the bidder has to deposit Rs.15.00 lakhs towards security deposit for daily vegetable market and Rs.8.00 lakhs for town gates; he submitted a bid for town gates, participated in the auction conducted on 27.02.2019 and became the highest bidder by quoting the licence fee of Rs.46,05,000/-; pursuant to the same, the 2nd respondent vide proceedings dated 12.03.2019 sent proposals for approval of the tenders to the 3rd respondent; on 24.06.2019 the 3rd respondent passed a resolution cancelling the tenders; in the said resolution, it is stated that the local MLA proposed not to collect fee from the daily vegetable market and town gates on 2 the ground that the farmers are facing drought condition. Hence the writ petition.
Mr. K. Rathangapani Reddy, learned counsel for the petitioner, submits that either in the daily vegetable market or at the town gates, no farmer is involved or selling vegetables and it is only the middle men who are selling the vegetables, that by virtue of non-collection of fee, no farmer will get benefit; that for ulterior reasons, the tenders have been cancelled; that the licence fee offered by the petitioner for town gates and other fee for daily vegetable market is about Rs.1.00 crore and, therefore, the 2nd respondent cannot lose revenue.
Learned standing counsel appearing for the respondents 2 and 3 submits that the 3rd respondent has taken a decision and it will be sent for approval to the Government and the Government will take appropriate action in the matter.
In view of the facts and circumstances of the case, as the decision of the 3rd respondent is sent to the 1st respondent for approval, the 1st respondent may take appropriate action in the matter, as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_______________________________ KONGARA VIJAYA LAKSHMI, J 16th July, 2019.
cbs 3 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.8515 of 2019 16th July, 2019 cbs