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2025 Supreme(Online)(Tel) 32759
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Laxmi Narayana Alishetty, J
Sai Sri Enterprises – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.8779 of 2019
For the Appellants/Petitioners: B. Mahender, A. Jagan
For the Respondents: Assistant Government Pleader for School Education
A writ petition is dismissed as infructuous when the underlying cause of action, such as a tender for a specific time-bound period, no longer survives due to the passage of time.
Headnote:The petitioner challenged the acceptance of a tender bid for the supply of food grains to social welfare schools in a specific district under a tender notification dated 01.04.2019, seeking to declare the action as illegal and arbitrary. The court noted that the dispute pertained to the academic year 2019-2020. The primary issue was whether the cause of action in the writ petition survived. The court reasoned that since the period for the supply of food grains (academic year 2019-2020) had already elapsed, the petition had become infructuous. the Writ Petition is dismissed as infructuous.
| Table of Content |
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| 1. challenge to the legality and arbitrariness of a tender bid acceptance for school supplies. (Para 1 , 2) |
| 2. dismissal of a petition as infructuous when the subject matter's time period has expired. (Para 3 , 4) |
: ORDER :
This writ petition is filed to declare the action of the respondents in accepting tender bid of respondent No.4 in pursuance to the tender notification No.B2/312/KGBV/2019, dated 01.04.2019, for supply of food grains to the social welfare schools (KGBV schools) of Nirmal District, as illegal and arbitrary and for consequential relief.
2. Sri B.Mahender, learned counsel representing Sri A.Jagan, learned counsel for the petitioner on record and Learned Assistant Government Pleader for School Education, are present.
3. Learned Assistant Government Pleader for School Education would submit that the cause in the writ petition does not survive, since the issue in the writ petition pertains to supply of food grains to the social welfare schools of Nirmal district for the academic year 2019-2020, and that the writ petition has therefore become infructuous.
4. Recording the aforesaid submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
