M/S Prahalada Enterprises, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 4899 AP

Citation : 2023 Latest Caselaw 4899 AP
Judgement Date : 11 October, 2023

Andhra Pradesh High Court - Amravati

M/S Prahalada Enterprises, vs The State Of Andhra Pradesh, on 11 October, 2023

   THE HONOURABLE SRI JUSTICE A V SESHA SAI
                              AND
THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

                     W.A.No.991 of 2023

JUDGMENT:(per A.V. Sesha Sai, J)


     Heard    Sri    K.   Jyothi    Prasad,     learned   counsel,

representing Sri Y. Nagarjuna Babu, learned counsel for

the appellant on record.


     2.     In the present writ appeal, challenge is to the

order, dated 29.09.2023, passed by the learned single

Judge in WP.No.25517 of 2023.


     3.     The petitioner in the aforesaid writ petition is

the appellant in the present writ appeal, preferred under

Clause 15 of the Letters Patent. According to the writ

petitioner-appellant, in response to the e-tender-cum-

sealed    tender-cum-public        auction    notification,   dated

04.09.2023, issued by the 3rd respondent, the petitioner

submitted its sealed tender, quoting a sum of

Rs.1,09,00,064/-. The auction pursuant to the aforesaid

notification was conducted on 20.09.2023. On the ground

AVSS,J&TMR,J WA_991_2023

that the writ petitioner-appellant failed to remit the entire

auction amount as per condition No.12 of the notification,

dated 04.09.2023, the 3rd respondent forfeited the tender

deposit made by the writ petitioner. Thereafter, another

tender notification came to be issued on 21.09.2023,

proposing to hold auction on 04.10.2023.

4. In the above background, the writ petitioner -

appellant filed WP.No.25517 of 2023, assailing the

notification, dated 21.09.2023. The learned single Judge,

on 29.09.2023, passed an order, which reads as follows:

"Aggrieved by the auction notification dated 21.09.2023, the above writ petition is filed.

Heard Sri S.Tulasi Ram, learned counsel for the petitioner and learned Standing Counsel appearing for the 3rd respondent.

Learned counsel for the petitioner would submit that auction was conducted on 20.09.2023. Petitioner emerged as the highest bidder for Rs.1,09,00,064/- (Rupees One Crore Nine Lakhs and Sixty Four only) and paid Rs.50.00 lakhs apart from EMD. Since the banks were closed by that time, petitioner has drawn Demand Draft for the remaining amount on the next date. However, the Executive Officer refused to receive the same and issued fresh notification

AVSS,J&TMR,J WA_991_2023

to conduct auction on 04.10.2023 at 11.00 AM. He would also submit that the respondent authorities forfeited the EMD of Rs.5.00 lakhs in favour of the petitioner in spite of the petitioner's readiness and willingness to pay the highest amount.

Learned Standing Counsel on the other hand, would contend that the petitioner is habituated in filing writ petitions every year. Previously the petitioner is the highest bidder and failed to pay the amount. When the notice was issued by the Executive Officer, petitioner filed W.P.Nos.21649 and 19877 of 2021.

As seen from the auction condition No.12, the highest bidder shall deposit the entire amount immediately.

Case at hand, petitioner submitted E-tender and emerged as highest bidder for Rs.1,09,00,064/-. In case an open auction is conducted, petitioner may not be having appropriate amount. However, in case of E-tender, as per the condition No.12, petitioner is ready with the amount quoted by her. Since the petitioner failed to pay the amount, the auction was cancelled and another auction notification dated 21.09.2023 was issued proposed to conduct auction on 04.10.2023.

Learned Standing Counsel seeks time to file counter.

AVSS,J&TMR,J WA_991_2023

In view of the facts referred to supra, the auction scheduled on 04.10.2023 shall go on. Petitioner is also permitted to participate in the auction proposed to conduct on 04.10.2023 subject to fulfillment of conditions.

Learned Standing Counsel shall furnish the particulars of auction conducted on 04.10.2023 by the next date of hearing.

List on 06.10.2023."

5. Today, when the matter is taken up, a copy of

the letter bearing No.A3/23/2022, dated 04.10.2023,

addressed to the learned standing counsel, by the

Executive Officer of the 3rd respondent Temple, is placed on

record.

6. According to the contents of the said letter, in

the auction conducted pursuant to the subsequent

notification, dated 21.09.2023, one Smt. Paladugu Naga

Lakshmi emerged as the highest bidder and she paid the

entire auction amount also.