THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.36323 OF 2024 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking the following relief:

“... to issue a WRIT OF MANDAMUS to declare the action of the Respondents in issuing sealed tender notification No.F.No.01/DSSH/NZB/AUC/2024/ZIV dated 16.12.2024, for the purpose of auction of rights to collect the offerings i.e., 22 items i.e., (1) Goat Skins, (2) Kabela Hall, (3) Baba Charges Rs.100/- and Cutting Charges Rs.100/-, (4) All Hotels, (5) All Cool Drink Shops, (6) All Shops on the Hills and down the hills, (7) All Kirana Shops, (8) All Toys and Knifes Shops, (9) All Supplying Companies, (10) All Flower Shops, (11) All Sweet Shops, (12) All Rifle Shooting Stalls, (13) All Photo Studio, (14) All Bangle Shops, (15) All Gholaks, (16) Fatima Free, (17) Niyaz Nazrana (Gold and Silver), (18) Vowed Hairs, (19) Horse Statues, (20) Live Goats, (21) Hair Cutting, (22) All Rooms and Huts (500 in numbers as per fixed rent of Rs.150/- per day) pertaining to Dargah Haz Syed Saadullah Hussaini (Bath Pahad) situated at Jalalpur Village, Varni Mandal, Nizamabad District without considering the representation of the petitioner dt.18.04.2024 as Illegal, arbitrary and against the principles of natural justice and violation of Articles 14, 16, 19 and 21 of the Constitution of India and to consequently direct the Respondents herein to consider Petitioner’s representation dated 18.04.2024 and pass ...”

2. Heard Mr. Kiran Palakurthi, learned counsel representing Ms. N. Arthi, learned counsel for the petitioner and Mr. Farhan Azam Khan, learned Standing Counsel for Telangana State Wakf Board.

3. Learned Standing Counsel for Wakf Board submitted that petitioner submitted representation dated 18.04.2024 for awarding contract on nomination basis. Respondent No.2, in compliance of the order dated 23.09.2024 passed by this Court in W.P. No.26335 of 2024 issued memo vide F.No.08/L4(b)/NZB/2024 dated 13.12.2024 rejecting the request of the petitioner stating that sole offer of the petitioner cannot be considered, as it would deprive the equality of opportunity and participation of all interested persons in the auction contract.

4. A copy of memo dated 13.12.2024 is served on learned counsel for the petitioner.

5. In view of the aforesaid submissions of learned Standing Counsel for Wakf Board, no further orders are required to be passed in this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to participate in the impugned tender notification dated 16.12.2024. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J December 26, 2024 MS