Andhra Pradesh High Court - Amravati
G Raghunatha Reddy vs The State Of Andhra Pradesh on 15 September, 2023
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.26810 OF 2022
ORDER:
1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
Writ of Mandamus declaring the action of the 2 respondent/Markfed in according approval for leasing out the Markfed godown located at MIP Kadapa to the 6th respondent company on nomination basis without conducting public auction or inviting tenders and the further action of the 3rd respondent Corporation in dehiring the storage space of 5000 MTs at SWC Godown SR Palle Proddatur YSR District and hiring said storage space in the godown of the 6th respondent company for utilization of food grains as illegal arbitrary and discriminatory apart from violation of the decisions of the Board of Directors of the 3rd respondent and also against the orders and circulars of the State and Central Governments and consequently direct the 2nd Respondent/Markfed to conduct public auction or invite tenders for leasing out its godown at MIP Kadapa by setting aside the lease granted to the Ch respondent by the 2nd respondent/Markfed."
2. Learned counsel for the petitioner submits that when the action of the 2nd respondent in according approval for leasing out the Markfed godown located at MIP Kadapa to the 6th respondent company on nomination basis without conducting any public auction or inviting tenders, this Court issued interim directions on 26.08.2022.
3. The interim direction passed by this Court on 26.08.2022 reads as follows:
"Notice before admission.
Since the 2nd respondent has leased out the godown premises belonging to the 2nd respondent to the 6th respondent on a nomination basis without conducting any public auction, there shall be an interim direction, as prayed for, until further orders.2
Post after four (4) weeks to enable the learned Standing Counsel to file his counter.
4. Learned counsel further submits that, pursuant to the interim directions passed by this Court on 26.08.2022, no tenders were granted to any individual.
5. During hearing, learned Standing Counsel for Respondent No.2 would submit that, in view of the orders passed by this Court on 26.08.2022, Respondent No.2 resolved to initiate fresh process for tenders.
6. In view of the submission made by the learned Standing Counsel for Respondent No.2, interim order dated 26.08.2022 is made absolute and Respondent No.2 is directed to issue fresh tenders in accordance with law.
7. With the above direction, writ petition is disposed of. No costs.
8. Consequently, miscellaneous applications, if any, shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J Date: 15.09.2023 Note: copy by 19.09.2023 b/o SP