Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh vs Petition Under Saction 181 Cpc Is Fled ... on 4 November, 2022
FRIDAY THE FOURTH DAY GF NOVEMBER
TWO THOUSAND AND TWENTY TWO
a sPRESENT:
THE HONQURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: S5725 OF 2082
Sehvean:
M/S. Rupesh Traders, Rep. by ff proprietor, Rupesh Agarwal, S/o. Roshan Lal
Agarwal aged about 48 years, G.No. S28/A2 8 fenigunia road, Tirupati, Chifoor
strict, AP.
Potitioner
1. The State Of Andhra Pradesh, Nep by Ha Principa al See retary, Revenue {
Endowmenis} Department, Secretariat, Velagapucdl, AP.
&. The Gammissioner, Ende awiments Depanment, AP, Gollapud, Viayawada,
Andhra Pradesh, RS
3. Sr. Brahmaramba Malikarjuna Swamy Devasthanarm,, Rep by its Executive
ast
Officer. Srisailam. Kurmool District, Andhra Pradesh.
Raspondsnis
Petition under Article 229 of the Constitution of india is Aled praying that in the
circumstances stated in the affidavit fled he: e@with, the High Court rnay be pleased
fo issue an appropriaie Wnt or Order ar Ares tion more pariculady ane in fhe nature
of WRIT OF MAN POAMUS, €) Declaring the action of the respandents 2 and 3 in
comteniniatin cancel the agreamant entered Into on 34.04.2022 between the
rete
Cs
. o
-
pefiicomer and the Gri respondent for tha supnly of provisions from 1.042022 te
34.03.2023, and deniing to place Inde: nt ia the Markfed, iS Hlagal, arbitrary, against
fairplay and violative of principles of natural justice bea! des being violative af
agreament dated 24.4. 2028. G) ec NSS andy tu dec tare that the petitioner is entitled
fo Tul! his contractual obligation and supply V2? thers of a Grains as shawn in
the tender dacument io the Srd reasporic fo ST S.2025 Le, femaining contract
os |
period as per agreement dated 24.4 202
IANO: 1 OF 2022
Petition under Saction 181 CPC is fled praying that in the circumetances
stated in the affidavit Medi in support of Gye petition, the High Court may bs plea gael
ho cHrect the end and Ard respondents to continue the pelilianer as sunplier of 12?
food grains es shows in ihe ten ger das ff as per the agrearnent dated 24.4 2022
for the remair ing confract period he. .unto 313.2025.
She By
: The pein am oeering on for hearing, agen perusing the Petition and the
afidayit fled in support thereof and upon hearing the arqumenis of Sri N BHARAT
BABU Advocate fer the Pefitioner and of GP FOR ENDOWMENTS Advocate for the
Raspondent Nos] & 2, Sri RAMANA RAO, Advocate for Respondent No.3.anc the
Court made the follawing.
ORDER art the learned senior counsel for the petitioner and the Government
Pleader for Endowments sesks time for filing counter and the office is directed
to the print the name of the learned Standing Counsal for the 3° respondent
| The grievance of the Writ Petitioners ig that the respondent Nos.2 and 2
are confamplating to implement the Meme in RAC.No./889/2022, data
30. 10.2022 jasued by the 2° respondent for the agreement antered into by the
petitioners with the 2° respondent temple far the period of fease from
01.04.2022 to SOD. 20238, dated 24.04. 2022.
. The learned senior counsel for the petitioners submits that the petitioner
ie the succeseful bidder for the executive works as mentioned in the said
agreement, dated 24.04.2022 and the same ig being implamented fer the
present. While so, the gnd respandent issued the impugned Mama 30.16.2022
enabling the Executive Authorities/Officers to act diligently while placing the
indant to AP. Markfed, before the exieting tenderer's period by duly entering a
proforma Tripartite Agreement on the fines of TTD. The learned senior counsel
for the paiitionera aporeshends that if this Memo is implernented to the case of
the petitioner alsa for the agreement, dated 24.04.2022, the same would get
frustrated ag the period of lease is subsisting up fo 34.03.2023. Since the
Mama issued by the gnu respondent is general in nature it may have to he red
for prospective purposes but not fo be extended for the subsiating
agreements. in the light of the above said facts and clreumstances, this Court
feola grima facie that ii mey not be applied for the contracta and agreements
entered into by the Ind respondent temple previously which are in existence
now. Nawever, to make H clear for the present as an interlocutory reiief, this
Caurt passes an order to the effect that the Memo of the 2nd respondent
30.10.2022 shall net be applied with immediate effect fo the agreemant entered
info by the pefifianar with the ord responde ent, dated 24.04.2022 for a period of
four (04) weeks from today.
Liston 28.77 2023.
To,
psk
In the meanwhile, counters shall-be filed by the respondents."
SD/- B.CHITTI JOSEPH
es ASSISTANT REGISTRAR
ITTRUE COPY?! REGISTR :
oe For ASSISTANT REGISTRAR
1. The Principal Secretary, "Revenue ( Endowments) Department,
Secretariat, Velagapudi, A.P. ;
2. The Commissioner, Endowments Department, AP, Gollapudi, Vijayawada,
Andhra Pradesh.
3. Sri. Brahmaramba Malikarjuna Swamy Devasthanam,, Rep by its
Executive Officer. Srisailam, Kurnool District, Andhra Pradesh.
4, One CC to SRI. N BHARAT BABU Advocate [OPUC]
9. One CC to SRI.N RAMANA RAO Advocate [OPUC]
6. Two CCs to GP FOR ENDOWMENTS High Court Of Andhra Pradesh.
[OUT] oe
7. One spare copy.
NIGH COURT
BKMJ
RATED Oa T2028
UIST ON 25.U2. 2082
ORDER
WP.No 28728 of 2022 DHRECTION