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2026 Supreme(Online)(AP) 6599

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkateswarlu Nimmagadda, J
G.K.Enter Prises – Appellant
Versus
The State of Andhra Pradesh – Respondent
WRIT PETITION NO: 2914/2016



Advocates:
For the Appellants/Petitioners: M P Chandramouli
For the Respondents: GP FOR ENDOWMENTS (AP), E SAMBASIVA PRATAP, A SREEKANTH REDDY(SC FOR ENDOW RS)

A writ petition challenging tender conditions becomes infructuous when the period for which the tender was issued has lapsed, leaving no surviving cause for adjudication.

Headnote:The petitioner challenged the eligibility criteria in a tender notification (FILE/NIT Number.KNP/Provisions/2016) issued for the procurement of rice and sugar for the period from 01-04-2016 to 31-03-2017, specifically contesting the requirement of an annual turnover of Rs. 5 crores in the last three years as arbitrary and illegal under Article 226 of the Constitution of India. The court examined whether the challenge to the tender conditions remained viable. It was observed that the procurement period in question lapsed a decade ago, and therefore, no cause of action survives for further adjudication. Accordingly, the Writ Petition is dismissed as infructuous.

Table of Content
1. context of the tender for food grain procurement for the 2016-2017 period. (Para 1 , 2)
2. cause of action lapses when the subject period of the tender has expired. (Para 3)
3. dismissal of petition as infructuous due to lapse of time. (Para 4)

(Special Original Jurisdiction)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ in the nature of a Writ of Mandamus or any other appropriate writ, direction, order or orders declaring the incorporation of condition that the tenders should have an annual Turnover of food grains of Rs.5/- crores in the supply of food grains to the temples in each of the last three years 2012-13; 2013-14 and 2014-2015 is the eligibility criteria in the tender notification issued by the 4th respondent in the FILE/NIT Number.KNP/Provisions/2016 for procurement of Rice, Sugar. etc., for the period from 01-4-2016 to 31-3-2017 as wholly arbitrary, illegal without jurisdiction and void and consequently direct the 4th respondent to proceed with the procurement with the eligibility criteria applied for the last year

IA NO: 1 OF 2016(WVMP 559 OF 2016

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased

IA NO: 2 OF 2016(WPMP 3653 OF 2016

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuant to the `e' tender notification issued by the 4th respondent in FILE/NIT Number.KNP/Provisions/2016 for procurement of Rice, Sugar and other articles for the period from 1-4-2016 to 31-3-2017

IA NO: 3 OF 2016(WVMP 4036 OF 2016

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Vacate the interim order passed in WPMP No. of 2016 in the writ petition No.2914 of 2016 and pass

Counsel for the Petitioner:

1. M P CHANDRAMOULI

Counsel for the Respondent(S):

1. GP FOR ENDOWMENTS (AP)

2. E SAMBASIVA PRATAP

3. A SREEKANTH REDDY(SC FOR ENDOW RS)

The Court made the following:

ORDER:

None appeared for the petitioner. Heard the learned Government Pleader and the learned Standing Counsel for the respondents.

2. Learned Government Pleader and the learned Standing Counsel submits that the matter pertains to the tender notification for procurement of rice, sugar for the period from 01.04.2016 to 31.03.2017.

3. On perusal of the record, it seems that the writ petition is filed challenging the tender proceedings issued for the period 01.04.2016 to 31.03.2017. The said period was lapsed a decade ago, as such no cause survives for further adjudication. The writ petition becomes infructuous.

4. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending shall stand closed.

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