LOTUS CONSTRUCTIONS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for an appropriate writ, particularly one in the nature of Writ of Mandamus declaring the impugned G.O. Ms. No. 54, Youth Advancement, Tourism and Culture (T) Department, dated 6-8-1996 of the first respondent to be null and void, so far as granting of lease under the earlier G.O.Ms. No.31, Youth Advancement, Tourism and Culture Department, dated 14-5-1996 regarding Bhavanipuram Islands, Vijayawada in favour of the petitioner and further direct the first respondent to abstain from implementing the impugned Governmental Order.THE FACTUAL MATRIX:

(2.) Andhra Pradesh Travel and Tourism Development Corporation Limited consequent to the policy decision of the State Government to harness private enterprises to promote, establish and run tourist activities at several places and projects in the State of Andhra Pradesh as joint enterprises issued an advertisement inviting tenders from reputed groups for the development of tourism and inter-related activities at three different places viz., (1) Bhavanipuram Island (2) Nagarjuna-sagar and (3) Rishikonda cottages at Visakhapatnam. The advertisement was published in daily news papers on 14-9-1994. The tenders were invited from reputed groups or individuals or hoteliers with experience in the line of tourism with proved track-record indicating their offer with detailed project profile to develop the places mentioned in the notification on lease basis. The notification briefly indicates the proposed development such as developing of Golf courses, Amusement Parks, Restaurants and Cottages, Water sports and other facilities. The maximum period of lease was to be settled by way of negotiations. The intending tenderers were required to furnish information relating to (a) Planning and Shematic concept; (b) Detailed background of the organisation; (c) Administrative set-up and implementing agency; (d) Financial sources and tie-ups to be indicated; and (e) Offer of lease amount on annual basis to the Corporation.The very notification indicates that the management of the Corporation reserves the right to reject the offers without assigning any reasons whatsoever.

(3.) The petitioner herein was only a firm at the relevant time of submitting the tender and claims to have experience in several fields of development of civil projects, hotels, Golf courses and other entertainment and cultural activities. The petitioner submitted its tender in respect of Bhavanipuram Island scheme at Vijayawada. The tenders were opened on 11-10-1994 and the tender submitted by the petitioner was found to be in order.