IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23110 of 2008 Between: 1 Civil Supplies Corporation Second Stage Transportation Beneficiaries Welfare Association Rep. by President, B.Balachandra Rao S/o. Venkanna Aged about 45 years, Regd. No.62/2001, Vuuyurivari Meraka H/o. Antervedipalem Sakhinetipally Mandal, East Godavari District. 2 G.Sudhaker Reddy S/o.Narendra Varma R/o. Dindi (Vi), Malikipuram Mandal, East Godavari District. 3 J.Rambabu S/o.Venkata Ratnam R/o.V.V. Meraka, Antervedipalem, Malikipuram Mandal, East Godavari District. 4 T.Veera Swamy S/o.Veeranna R/o.K.Pedapudi (V), Ambajipeta Mandal, East Godavari District. 5 J.Ravi Kumar S/o.Gangisetti R/o.Balayogipeta, Mummidivaram Mandal, East Godavari District. 6 M.Jaya Simhudu S/o.Mavullu R/o.Madipalli (V), Inavalli Mandal, East Godavari District. 7 K.Venkata Ratnam S/o.Venkayya R/o.Inavalli Lanka (Vil), Inavalli Mandal, East Godavari District. 8 N.Hanumanth Rao S/o.Mahalakshmi R/o.Metla Colony, Balayogi Ghat, Amalapuram Mandal, East Godavari District. 9 M.Vigneswara Rao S/o.Sathyam Irusumandal (V), Pulletikuru (Post) Amajipeta Mandal, East Godavari District. 10 V.Ramana S/o.Krishna R/o.Pathipadu, near Water Tank, Pathipadu Mandal, East Godavari District. 11 V.Bhoolakshmi W/o.Prakasam R/o.Samarlakota, Near SBI, Beside Ambativari Oil Mill, Samarlakota Mandal, East Godavari District. 12 Ch.Ramesh S/o.Venkata Ramayya R/o.Ramaraopeta, Kakinada, East Godavari District. 13 G.Abhimanyudu S/o.Chandraiah R/o.Sodavaram (V), Ramachandrapuram Mandal, East Godavari District. 14 K.Chander Rao S/o.Naganna R/o.Huggampeta Post, Bapuji Nagar, Rajahmundry Mandal, East Godavari District. 15 K.Abbulu S/o.Beemaiah R/o. Rajahmundry, East Godavari District. ..... PETITIONER(S) AND 1 The Andhra Pradesh State Civil Supplies Corporation Limited, Rep. by its Vice Chairman cum Managing Director, C.S. Bhavan, Somajiguda, Hyderabad. 2 The Commissioner for Civil Supplies, Government of A.P., Somajiguda, Hyderabad. 3 The Joint Collector and Ex-Officio Executive Director, APSECC Hyderabad, East Godavari District. .....RESPONDENT(S) 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 issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the 1) proceeding No.PDS 2/Movt./FG 5(28)/3579/2008-09 dated 03.09.2008 issued by 1st Respondent and also declare the consequential Tender Notice issued by the 3rd respondent in Ref.No. PDS/Transport 11/5(1)/08-09, dt: 10-10- 2008 with respect to Petitioners as illegal, arbitrary, void and against to Principles of Natural Justice and in violation of Art. 14 & 16 of the Constitution of India and consequentially direct the respondents to continue the petitioners on the same terms and conditions, which they are doing as Stage II Transporters in different mandals as on today. Counsel for the Petitioners: MR.T.S.VENKATARAMANA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 23110 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the proceedings No. PDS 2/Movt./FG 5(28)/3579/2008-09 dated 3.9.2008 issued by 3rd respondent in Ref.No.PDS/Transport 11/5(1)/08-09 dated 10.10.2008 as arbitrary and illegal; consequently to direct the respondents to continue the petitioners on the same terms and conditions which they are doing as Stage II Transporters in different Mandals. According to the petitioners, they have been engaged as Contractors for transporting civil supplies goods from Mandal points to various fair price shops in the District and they have been doing this for the last more than 20 years, but the mode of transport was Tractor Trolleys. Now, it appears, the respondents have issued the impugned notification dated 10.10.2008 calling for tenders from the lorry owners for Stage II transport contracts for the year 2008-09 ending with 31.3.2009. According to the petitioners, they do not have the lorries and other mode of transport. They have been doing business with the Tractor Trolleys for the last 20 years and if they are not permitted to participate in the tenders and if they are not allotted with the work, they would be facing untold miseries. Further, they all come from Schedule Caste Community and even those tractor trolleys were purchased after obtaining loans from the agencies concerned. There is no necessity of going into all the details. The petitioners have no vested right whatsoever. If the present notification contemplates Stage II transportation by lorries etc., that cannot be said to be either arbitrary or illegal on the part of the respondents. This aspect cannot be adjudicated under Article 226 of the Constitution of India. However, it is the contention of the learned counsel for the petitioners that the petitioners have been transporting the goods for the last 20 years through Tractor Trolleys; further, in small villages, the roads are narrow and it is, in fact, very comfortable for tractor trolleys to transport the essential commodities but not heavy lorries. The distance also being very less, it is easy for transportation of the essential commodities in the Tractor Trolleys for the purpose of loading as well as unloading. In the facts and circumstances of the case, the writ petition is disposed of directing the respondents to consider the case of the petitioners for being engaged as contractors for transportation of civil supplies goods, since they all belong to Schedule Community and they have purchased the tractors and paid the loans with the hope that they will be further continued and can eke out their livelihood. The respondents shall pass appropriate orders in this regard, within a period of four weeks from the date of receipt of a copy of this order. C.V. RAMULU, J. Date: 22-12-2008. MVB.