High Court · 2025

Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in nature of writ of Mandamus declaring the action of the Respondents in issuing the issued E- Procurement short render cum open Auction Notification dt.14.01.2o25 in R.c.No.AS/139212019 for issuance of ricense to coilect and sell ail types of garments on untenable conditions as arbitrary, illegal, unjust and violative of Article '14 of the constitution of lndia and consequenfly direct the respondents to withdraw/amend the untenable conditions in the said notification of E- Procurement Short render cum open Auction Notification dt.14.o1 .2o2s. F ,' L l.A.NO:1 OF 2025 Petition Under Section 1s1 cpc praying that in the circum stances stated in the affidavit filed in :;upport of the petition, the High court may b,,r pleased to stay all further proceerlings pursuant to issued E-procurement sl-ort render cum open Auction Notifi.ation dt.14.o1 .202s in R.c.No.A5/.1 3g2l2o1\r for issuance of license to collect :nd se a[ types of garments pending disposar of the writ petition. Counsel for the Petitioner : SRI A.BHUVAN SUNDER REDDy Counsel for the Respondent Nos..l & 2 : Gp FOR ENDOWMENTS Counsel for the Respondent No.3 : SRI J.R.MANOHAR RAO (-t The Court made the following ORDER r8 THE H ONOURABLE SRI JUSTI CE NAGESH BHEEMAPA KA WRIT PETITION No.20 34 0F 2025 ORDER: Heard Sri A. Bhuvan Sunder Reddy, learned counsel for the petitioner, learned Government Pleader for Endowments, appearing on behalf of respondent Nos.1 and 2 and Sri l.R. Manohar Rao, learned Standing Counsel, appearing on behalf of respondent No'3' Perused the material on record '

2. Petitioner challenges several conditions stipulated in the E-Procurement Short Tender cum Open Auction Notification dated 14.01.2025, issued by Respondent No.2, for the issuance of a license to collect and sell garments donated by devotees to the deity.

3. Learned counsel for the petitioner submits that Condition No.28, which holds the license holder liable for garments rejected by Devasthanam officers due to poor quality, as unreasonable and untenable, as the license holder has no control over the quality of garments donated by devotees. Additionally, Condition No'30, which grants the Devasthanam ownership of all silk garments donated during specific religious occasions such as Vaikunta Ekadashi and Rama Navami, arguing that such a provision is arbitrary and would cause financial loss to the license holder by depriving them of the i , I l I opportunity tc sell those garments/ which are donated in large 2 quantities.

4. Learned counsel for the petitioner further submits that Conditions Nos;,31 and 32, which require garments to be entered into a computer system and barcoded, as the languar;e of these provisions is anrbiguous and does not guarantee that arll garments will be barcoded, potentially lead to arbitrary and d is,;crim inatory actions by the l)evasthanam. Furthermore, Condition N t.38, which vests sole authority in the Devasthanam to determine the prices of .9 all garments, itrgues that this provision unfairly denies the license holder a fair ot)lortunity to participate in pricing decisions, thereby imposing undrrr: hardship and financial disadvantage upon the license holder, rrrho will be paying a substantial license fee.

5. Learned c.ounsel for the petitioner therefore as;sails these conditions as arbitrary, unreasonable, and designed to discourage genuine participation in the tender process, potentially favoring a selected bidder

6. Learned litanding Counsel has placed on rec<,rd written instructions dat:d 24.01.2025 received from respond,,:nt No.3 Executive Officer of Devasthanam, and jusrifies the e-tender notice issued by the respondent i:uthorities. He draws the attention of the Court to the following averments in 3 the written instructions. "The petitioneus not Paid any EMD (Deposit) and not participated in any E-tender or Public Auction. The petitioner is a third party. He has no right to question the e-tender-cum-public auction conditions. The petitioner not interested to participate in E-tender-cum-Pubtic Auction through the conditions, he is not satisfied. If any tenderer,/bidder not participated in E-tender-cum-Public Auction, the 3'd respondent tenpte witl be collect the various cloths from the devotees. Earlier license period was completed o, 75.O7.2025 from the date 76.07.2025 to till now the respondent tempte collected various cloths from devotees. In view of the facts the 3'd respondent temple to bear the profit or loss- The petitioner have no anY loss without participate the E'tender-cum Puhlic Auction. The conditions Nos.37, 32 and 38 is purety transplant for sake of the devotees and to avoid misappropriation and looted by highest bidder from the devotees. As per the E-tender-cum-Public Auction notice (sth time) dated 74.O7.2025, Open auction conducted on 24.O7.2O25 at 77:OO AM. The highest bid amount @ RI.5O,25,OOO/- bV Sri S.V.Ch' Subba \ {'. { f 4 RAo, Bhadrachalam is hereby approved for li<:ense right for collecting and sale of garments (all types of cloths.,l donated to Deity by devotees period from O7.O2.2O25 to 31.07.2026 - 7year. The highest bidder also remit the EMD amount of Rs.S,OO,AOO/- for above license. In this year Highest bid amount increasecl @ Rs.77,2O,OOO/- as per last year highest bid amount."

7. Consider ng the respective submission, and prtrusing the material on rer:rtrd, it is not in dispute that the tender applications have been re( €,ived f rom prospective tenderers, a nd 1:he tenders have also been opened for further action. In that view of the matter, prima l'acie, the cause does not survive.

8. Accordinclly, the Writ Petition is dismissed. There shall be no order as to cosr.s;. Miscellanecus applications, pending if any, shall stand closed. //TRUE COPYII ASSIS 'I SD/-V.KAVITHA ,/ ANT REGISTRAR S EC:TION OFFICER ENDowrMENrs, High court for the stare of reransana L-r:f;"";[:f !'J:3+i One CC to SRiA.BI-]UVAN ?#;53,::ililHX,XXH,iHtTd[..,?,"J,"i3ffi a'irop,c] To 1 2 a J 4 SA GJP HIGH COURT DATED:27101t2025 ORDER WP.No.2034 ot 2OZs ,5n f t: :1 ,,!t ,L1 ti "' "t$ ,: -', DISMISSING THE W.P WITHOUT COSTS. 7 4,2 /t /t 5 /, L