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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 – Respondent
| Table of Content |
|---|
| 1. hearing and procedural initiation of the writ petitions. (Para 1 , 2) |
| 2. aggrieved party's claims regarding licence terminations and tender process. (Para 3 , 4 , 5) |
| 3. respondent's counterclaims about licence violations and sub-letting. (Para 6 , 7) |
| 4. court's analysis of violation of licence conditions. (Para 8 , 9 , 10) |
| 5. conclusion on the infructuous nature of certain writ petitions. (Para 11 , 12) |
| 6. legal principles governing governmental action and rights related to public largesse. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 7. judgment on quashing the tender notification and ensuring fairness in future bidding. (Para 22 , 23 , 24) |
ORDER :
1. 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 Petitio
State actions regarding license distribution must comply with fairness, non-arbitrariness, and promote public interest by avoiding monopolies.
Government actions in granting licenses must align with principles of reasonableness and public interest, ensuring no arbitrary decision-making that creates 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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