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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
V.Rabbani Basha – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principle Secretary, Department of Panchayat Raj And Rural Development – Respondent
| Table of Content |
|---|
| 1. challenging illegal termination of licenses. (Para 4 , 5) |
| 2. respondent's claims regarding sub-letting. (Para 6 , 7) |
| 3. court's objective view on licensing practices. (Para 8 , 9 , 22) |
| 4. final ruling on tender notification. (Para 10 , 23) |
| 5. importance of articles 14, 19, 21 in state action. (Para 13 , 14) |
ORDER :
Heard Sri Venkateswarlu Kolla, learned Counsel for the Writ Petitioners in W.P.No.1690 of 2024, 30041 of 2023, Smt. G. Urmila, learned Counsel appearing on behalf of Smt. P. Vijaya Kumari, learned Counsel for the Writ Petitioner in W.P.No.32835 of 2022 and Sri Aravala Rama Rao, learned Standing Counsel for APSRTC.
2. The Writ Petitioner is the same person in all the four Writ Petitions. As no cause survives in W.P.Nos.31871, 32835 of 2022 & 30041 of 2023, these Writ Petitions have become infructuous.
3. The Writ Petition bearing W.P.No.1690 of 2024 is filed seeking the following relief :
“…….to issue Writ, Order or Orders more particularly in the nature of Writ of Mandamus declaring the action of District Public Transport Officer (Respondent 3) in issuing termination orders of my licence dated 08-12-2023 for open space No. 03, 04 , 06 ,07, 10 and also open spac
Government actions in granting licenses must align with principles of reasonableness and public interest, ensuring no arbitrary decision-making that creates monopolies.
State actions regarding license distribution must comply with fairness, non-arbitrariness, and promote public interest by avoiding monopolies.
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
The court upheld the government's policy for land allotment to promote the film industry, emphasizing compliance with Article 14 and the importance of transparency in public contracts.
The main legal point established in the judgment is that in matters of tender, the State has the freedom to formulate conditions and the court should exercise judicial restraint, ensuring fairness an....
Government procurement processes must ensure fairness and adherence to legal norms, avoiding arbitrary exclusions.
Government must have freedom of contract. In other words, fair play in the joints is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi administrative....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Auctions are not the only permissible method for disposal of all natural resources across all sectors and in all circumstances. No part of the natural resource can be dissipated as a matter of larges....
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