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Andhra Pradesh High Court - Amravati

M.S. Traders vs The State Of Andhra Pradesh on 17 July, 2025

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

APHC010480742022
                     IN THE HIGH COURT OF ANDHRA
                                 PRADESH
                                                         [3327]
                              AT AMARAVATI
                       (Special Original Jurisdiction)

        THURSDAY, THE SEVENTEENTH DAY OF JULY
            TWO THOUSAND AND TWENTY FIVE

                    PRESENT
  THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

                   WRIT PETITION NO.29200 OF 2022

Between:

   1. M.S. TRADERS, ADONI, REP. BY ITS PROPRIETOR,
      MITHAIWALE SHAIKSHAVALI S/O MITHAIWALE ABDUL
      AZEEZ SAB, AGED ABOUT 53 YEARS, RIO 21-224-
      27,SKD COLONY, 0 ROAD,ADONI,KURNOOL,AP-518301

   2. SRI SRINIVASA TRADERS, ADONI, REP. BY ITS
      PROPRIETOR, P. SRINIVASULU S/O PASUPULA RAMI
      REDDY, AGED ABOUT 42 YEARS, RIO H-NO 2-_74,
      ORAVAKALU, HUSAINAPURAM, KURNOOL,AP-518301

                                                ...PETITIONERS
                                AND

   1. THE STATE OF ANDHRA PRADESH, SCHOOL
      EDUCATION       DEPARTMENT,         SECRETARIAT
      BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
      DISTRICT, REP. BY ITS PRINCIPAL SECRETARY.
   2. THE STATE OF ANDHRA PRADESH, SOCIAL WELFARE
      DEPARTMENT,            SECRETARIAT    BUILDINGS,
      VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP.
      BY ITS PRINCIPAL SECRETARY.
   3. THE DISTRICT COLLECTOR, NANDYAL DISTRICT,
      ANDHRA PRADESH.
   4. THE JOINT COLLECTOR / CHAIRMAN, DISTRICT
      PURCHASE      COMMITTEE,     NANDYAL,   NANDYAL
      DISTRICT, ANDHRA PRADESH.
                                                                  SRK, J
                                  2                 WP No.29200 of 2022




     5. ANDHRA PRADESH SOCIAL WELFARE RESIDENTIAL
        EDUCATIONAL INSTITUTIONS SOCIETY APSWREIS,
        TADEPALLI, AMARAVATHI, GUNTUR DISTRICT, REP. BY
        ITS SECRETARY.
     6. DR B R AMBEDKAR SANGHIKA SANKSHEMA
        GURUKULA PATASALA, GOVERNMENT OF ANDHRA
        PRADESH, TSUNDURU, MODUKURU - 522318, GUNTUR
        DISTRICT, ANDHRA PRADESH.
     7. THE DISTRICT COORDINATOR, APSWREIS, NANDYAL,
        NANDYAL DISTRICT.
     8. ANDHRA PRADESH MARKFED FEED MIXING PLANT,
        NANDYAL, NANDYAL DISTRICT, REP. BY ITS PLANT
        MANAGER
                                       ...RESPONDENTS

      Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed therewith, the
High Court may be pleased to issue a Writ, Order or Direction,
more particularly one in the nature of a Writ of MANDAMUS,
declaring the Proceedings issued by the 4th Respondent herein
in   Rc.No.A/DCO-KNL/603/2022,        dated   18.08.2022,     thereby
awarding / entrusting the work- For procurement of food
provisions   (Non-perishable    items)   to   Dr.   B.R.   Ambedkar
Gurukulams in their Districts concerned for the Academic Year
2022-23, in respect of Nandyal District, Andhra Pradesh , for
implementation of diet menu immediately, on nomination basis in
favour of Respondent No.8, without calling for Open Tenders as
was done by the Respondents in respect of all the District of the
State except Nandyal and Kurnool, as illegal, arbitrary, in violation
of Article 14, 16 and 19(1)(g) of the Constitution of India and
Consequeqy set aside the Proceedings in Rc.No.A/DCO-
KNL/603/2022, dated.18.08.2022, issued by the 4th Respondent
herein and direct the Respondents herein to call for Open
                                                                 SRK, J
                                 3                 WP No.29200 of 2022




Tenders in respect of the work- For procurement of food
provisions   (Non-perishable   items)   to   Dr.   B.R.   Ambedkar
Gurukulams in their Districts concerned for the Academic Year
2022-23, in respect of Nandyal District, Andhra Pradesh and
finalise the same in accordance with law forthwith.

Counsel for the Petitioners:
  1. CHALASANI AJAY KUMAR


Counsel for the Respondent(S):
  1. GP FOR EDUCATION
  2. GP FOR REVENUE
  3. ANITHA MESA (SC FOR APREIS TW SW BC)
  4. GP FOR SOCIAL WELFARE
  5. Y MAHA LAKSHMI
                                                                  SRK, J
                                  4                 WP No.29200 of 2022




The Court made the following ORDER:

      This Writ Petition is filed questioning the proceedings
issued by the 4th respondent in Rc.No.A/DCO-KNL/603/2022,
dated 18.08.2022, awarding / entrusting the work of procurement
of food provisions (Non-perishable items) to Dr. B.R. Ambedkar
Gurukulams in their Districts concerned for the Academic Year
2022-23, for implementation of diet menu on nomination basis in
favour of Respondent No.8, without calling for open tenders, as
was done by the Respondents in respect of all the Districts of the
State except Nandyal and Kurnool districts, as illegal, arbitrary.

2.    Today, when the matter came up for hearing, both the
learned counsel submitted that since the contract pertains to the
year 2022-23, due to afflux of time, nothing survives for
adjudication in the Writ Petition and the matter has become
infructuous.

3.    Recording the said submission, the Writ Petition is
dismissed as infructuous. There shall be no order as to costs.

      As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.

                                      _______________________
                                      K. SREENIVASA REDDY, J.

Date:17.07.2025 Nsr SRK, J 5 WP No.29200 of 2022 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.29200 of 2022 Date:17.07.2025 Nsr