Andhra Pradesh High Court - Amravati
Valluru Sreedhar Naidu vs The Andhra Pradesh State Waqf ... on 2 February, 2023
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.2546 of 2023
JUDGMENT:-
1. Heard Sri G.Rama Gopal, learned counsel for the
petitioner and Sri Mohammed Gayasuddin, learned Standing
Counsel for the Andhra Pradesh State Waqf Board (in short, the
APSWB) for the respondent No.1 and learned Government
Pleader for Minority Welfare Department for the respondent
No.2.
2. With the consent of the parties counsels, the writ petition
is being decided finally at this stage.
3. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"Hence, the Hon'ble Court may be pleased to issue
writ, order or direction more particularly one in the nature
of Writ of Mandamus directing the 1st respondent to
finalise the tender process pursuant to the proceedings in
F.No.05/KSA/AUC/LNR/2016-DM/S, dated 31.08.2021
by considering the representation dated 22.12.2022 in the
interest of justice and pass such other order or orders
which may deem fit and proper in the circumstances of the
case."
4. Learned counsel for the petitioner submits that pursuant
to the notification dated 07.07.2021 of the respondent No.1,
calling for the tenders for the offering items of Dargah Hazrath
Syed Kareemulla Sha Quadri (Rh), the petitioner also submitted
sealed tender, for 'A' item of Tender 1, as also in respect of 'B'
item. Tender 1 for 'A' item was completed and he was awarded
work. But for 'B' item in W.P.No.16517 of 2021, filed by one
K.S.Asif, interim order dated 09.08.2021, was passed.
Consequently, the tender process for 'B' item was not finalised.
Later on the writ petition was dismissed as withdrawn by order
dated 05.12.2022, but inspite thereof, the process is not being
finalized though the petitioner has submitted a representation
dated 22.12.2022 as well.
5. Sri Mohammed Gayasuddin, learned Standing counsel
though raises a preliminary objection that the petitioner of
W.P.No.16517 of 2021 has not been made party, but further
submits that the petitioner has filed some representation and
the Board is going to consider the same, within about six (06)
weeks, along with the representation of the petitioner of
W.P.No.16517 of 2021 who has also submitted the same.
6. So far as the objection with respect to the
non-impleadement of the petitioner of W.P.No.16517 of 2021 is
concerned, the Court does not find force, as the said writ
petitioner has got his petition dismissed as withdrawn.
7. Further, as has been submitted by the learned Standing
Counsel, his representation shall also be considered and as
such , the petitioner of W.P.No.16517 of 2021 may also have the
opportunity of hearing before the authority concerned.
8. In view of the aforesaid submissions, to keep the writ
petition pending would not serve any useful purpose, which is
being disposed of finally providing that the respondent No.1
shall consider the matter of finalization of the tender process, as
submitted by the learned Standing Counsel also considering the
representations submitted, within a period of six (06) weeks, if
there is no other legal impediment.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 02.02.2023
SCS
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.2546 of 2023
Date: 02.02.2023
Scs
