IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.30748 of 2010 & 3547 of 2011 W.P.No.30748 of 2010 Between: P. Srilatha. … Petitioner And Andhra Pradesh State Warehousing Corporation Hyderabad. … Respondent Counsel for the petitioner: Sri Syed Khader Masthan for Sri B. Vijaysen Reddy Counsel for the respondents: None This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.30748 of 2010 & 3547 of 2011 COMMON ORDER:- These two Writ Petitions are filed by the same person. Writ Petition No.30748 of 2010 is filed for a Mandamus to declare the action of the respondent in keeping the tender submitted by the petitioner for construction of godown for Food Corporation of India in abeyance. Writ Petition No.3547 of 2011 is filed for a Mandamus to set aside proceedings, dated 02.02.2011, of the respondent, whereby it has cancelled the tender process in respect of the location at Mypadu road for which the petitioner filed her tender. Heard Sri Syed Khader Masthan representing Sri B. Vijaysen Reddy, learned counsel for the petitioner in both the Writ Petitions and perused the record. The Food Corporation of India (for short, ‘FCI’) has evolved a scheme called PEG-2008 scheme under which the respondent has been appointed as nodal agency for construction of godowns. The respondent has accordingly invited tenders from the interested persons for construction of godowns, which will be taken on hire under the scheme. The petitioner has filed her tender in respect of one of the locations, namely; Mypadu Road in Nellore District. Eventually, by proceedings, dated 26.01.2011, the respondent has cancelled the tender in respect of the said location. A perusal of the said proceedings would show that on the request of the respondent, the Commissioner and Director of Marketing has agreed to allot Ac.10.00 of land belonging to the Agricultural Marketing Committee, Nellore, on lease basis vide his letter, dated 01.11.2010 and the Agricultural Marketing Committee has already directed to handover the same and that the decision of the State Level Committee for change of the agency was placed before the High Level Committee of FCI and the said committee has accepted the State Level Committee’s decision. Accordingly, the tender in respect of Mypadu Road location was cancelled. The only ground on which the cancellation order is challenged in Writ Petition No.3547 of 2011 is that having issued the tender notification and invited the tenders, it is wholly arbitrary on the part of the respondent to go back on its earlier commitment and cancel the tender. In my opinion, this plea of the petitioner is wholly misconceived. It is not the pleaded case of the petitioner that the scheme is intended to promote the interest of the persons, who intend to construct godowns. Evidently, the scheme is meant for allowing private participation in construction of godowns, which are primarily intended for stocking the food grains by the FCI. The petitioner cannot therefore plead that the FCI has no liberty to take a decision to construct a godown on its own by taking the land belonging to Agricultural Marketing Committee on lease. The petitioner has no vested right to insist that the respondent has no option other than accepting the offer of the petitioner for construction of godown. FCI is always entitled to change its earlier decision in its own interest and unless any of the legal rights of the petitioner are affected by such change of decision, there is no warrant for this Court to interfere with such a decision. The petitioner failed to establish violation of any of her rights. For the abovementioned reasons, I do not find any merit in these Writ Petitions and the same are accordingly dismissed. As a sequel to dismissal of both the Writ Petitions, WPMP.No.39126 of 2010 in W.P.No.30748 of 2010 and WPMP.No.4400 of 2011 in W.P.No.3547 of 2011 are also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 05.11.2011 ES