S.Superna vs. State Of A.P.

Held

The Court noted the submission made by the Assistant Government Pleader for Fisheries that the tender under challenge has been cancelled. In light of this submission, the Court found that there was nothing further to be adjudicated in the writ petition. Consequently, the Court dismissed the writ petition as infructuous due to the cancellation of the entire tender process. The Court also ordered that any pending miscellaneous petitions would stand closed.

Facts

The petitioner filed a Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus. The petitioner challenged the action of the 3rd respondent in fixing qualification criteria, including GST registration, in bid notice No.1442/C/2019. The petitioner sought to have this criteria declared illegal and arbitrary, and requested to be allowed to participate in the tender process. The petition was filed before the High Court.

Key Issues

1. Whether the qualification criteria, including GST registration, fixed in bid notice No.1442/C/2019 is illegal and arbitrary, thereby violating the petitioner's right to participate in the tender process. The petitioner contended that the qualification criteria were illegal and arbitrary. The revenue, represented by the Assistant Government Pleader for Fisheries, submitted that the tender under challenge has been cancelled. Therefore, there is nothing left for the Court to adjudicate.