IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 5740 of 2007 Between: Municipal Badili Karmilula Yuvajana Samshkema Sangham, Registered No.117/2005, Amalapuram rep. by its President Miriyala Satyanarayana R/o.Amalapuram, E.G. District. ..... PETITIONER AND Amalapuram Municipality, Amalapuram, E.G. District rep. byits Commissioner. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the tender notice dated 07.03.2007 in Rc.No.123/2007/F1 issued by the respondent inviting tenders for 3rd division for sanitation work of Amalapuram Municipality without allowing the petitioner to continue the work till payments are made as per the earlier tender schedule as illegal, arbitrary and violative of the fundamental rights guaranteed under the constitution of India and consequently directing the respondent to continue the petitioner for said work and pass any other order or orders. Counsel for the Petitioner:MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 5740 of 2007 ORDER: The petitioner-Sangham has filed this writ petition challenging the validity of the tender notice issued by the respondent dated 7.3.2007 in Rc.No.123/2007/F1. By the aforesaid notice, tenders were called for to attend the sanitation works for a period of one year commencing from 7.3.2007 to 7.3.2008. The validity of the said notice is questioned on the ground that earlier, the members of the petitioner-sangham have executed certain works and with reference to the said works, certain amounts are due to them and even without paying such dues, fresh notice has been issued. In view of the expiry of the period of one year, it is submitted that the cause in the writ petition does not survive, but however, it is stated that the amounts which were due, are still not paid to the members of the petitioner-sangham. With reference to the arrears for the period anterior to 7.3.2007 due to the members of the petitioner-sangham, it is not at all a ground to assail the validity of the tender notice dated 7.3.2007 issued in Rc.No.123/2007/F1. In that view of the matter, I do not find any merit in the writ petition more particularly, in view of the expiry of one year period for which, the tender notice was issued. The Writ Petition is accordingly dismissed. However, it is made clear that if any dues are payable to the members of the petitioner-sangham, this order will not preclude them to make a representation for payment of arrears and if such representation is made, I am sure, the respondent will consider the same objectively and take steps for payment of dues, if any, to the members of the petitioner-sangham. No order as to costs. ------------------------------ R. SUBHASH REDDY. J APRIL 30, 2009 Tsr/Gk