IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRTY FIRST DAY OF DECEMBER, TWO THOUSAND NINE WRIT PETITION No.24128 of 2002 Between: Girijana Samkshema Parishath, Khammam, Reptd., by its Convenor-Sri Sondi Veeraiah. … Petitioner And Sri Sitharamachandra Swamyvari Devasthanam, Bhadrachalam, reptd., by its Special Grade Deputy Collector and Executive Officer, Bhadrachalam, Khammam District and others. … Respondents Counsel for the petitioner: Ms.V.Baby Rani for Mr.P.V.Ramana. Counsel for the respondents: ---- This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to set aside tender notification, dated 23-11-2002, issued by respondent No.1 for lease of right to run shops belonging to its Devasthanam. At the hearing, Ms.V.Baby Rani, learned counsel appearing on behalf of the petitioner, submitted that the issue raised in this Writ Petition is squarely covered by common order, dated 28-7-2003, in Writ Petition Nos.6897 of 2001 and 3353 of 2002, which was confirmed by common judgment, dated 2-9-2008, in Writ Appeal Nos.1887 and 1957 of 2003. I have perused the said judgments, wherein it was held that the action of the A.P.S.R.T.C., in calling for tenders from general public, including non-tribals in the agency area for running shops in the bus stations in agency areas was held to be contrary to the land transfer regulations in force in the agency areas, and the dicta laid down by the Apex Court. No counter-affidavit has been filed by the respondents. As the action impugned in this Writ Petition is similar to the one, which was assailed in the above mentioned writ petitions, the judgments therein would squarely cover the issue raised in this Writ Petition. Accordingly, this Writ Petition is allowed following the said judgments and the impugned notification is set aside. Respondent No.1 is permitted to issue a fresh tender notification calling for tenders from the tribals only. ------------------------------ -------- C.V.NAGARJUNA REDDY,J Dt.31-12-2009 MNR