IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.129 OF 2011 DATED:09.3.2011 Between: Ballari Venkateswara Rao and others … Appellants And The Government of Andhra Pradesh, Rep. by its Secretary, Roads and Buildings Department Secretariat Buildings, Secretariat, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.129 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) The contract relating to removal of all electrical poles and trees falling in the alignment of paved shoulders from K.M.192/0 to 200/0, 205/0 to 216/0 and 222.60 to 225/0, 233/8 to 243/4 on N.H. 214 was put to tenders vide Tender-cum-Auction Notice No.9/ATO/NHVJA/2010-11, dated 13-09-2010. Tenders were received and work was allotted to the lowest tenderers, respondents 5 and 6. The allotment was represented against by the appellants - writ petitioners, offering a higher rate than the one on which allotment was made but of no avail to the petitioner, consequently a writ petition alleging non-publication of the auction notice and non adherence to the upset price but challenge could not prevail on the learned single Judge because of the events noticed by the writ Court which established due publicity to the auction notice through newspapers – five in number, including one Saakshi, a popular newspaper and in view of the fact that the offer was above the upset price. The writ Court also found that it was third time of auction and to which the writ petitioners did not respond. Not only that. The offer was made by the writ petitioners after acceptance of the tender of the successful tenderer by due adherence to the procedural requirements. Thus we find no fault with the judgment. Writ Appeal is dismissed along with the miscellaneous petition. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 09-3-2011 B. Narsinga Rao