Sri Vinayaka Agencies, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 7719 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                       &
          HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                   WRIT APPEAL No.754 OF 2022

Sri Vinayaka Agencies, Rep., by its
Proprietor, D.No.19-10-25, New
Indira Nagar, Air Bypass Road,
Tirupati, Chittoor District-517 501.

                                                               ..Appellant
                                 Versus
The State of Andhra Pradesh,
Rep., by its Principal Secretary,
Women Development & Child
Welfare Department, Secretariat
at Velagapudi, Amaravathi, Guntur
District, and others.
                                                      ...Respondents

Counsel for the appellant : Mr. V. Venugopala Rao, Sr.counsel on behalf of Mr. E. Sambasiva Pratap.

Counsel for respondent Nos.1 to 4 : GP for Women Dev. & Child Welfare.

Counsel for respondent No.5 : Mr. R.N. Hemendranath Reddy, Sr. counsel on behalf of Mr. Ch.

Madhava Raman.

ORAL JUDGMENT Dt:11.10.2022

(per Prashant Kumar Mishra, CJ)

1. This writ appeal is directed against the order dated 15.09.2022

passed by learned single Judge dismissing W.P.No.22494 of 2021 filed HCJ & DVSSS, J

by the writ petitioner (appellant herein) questioning the action of

respondent Nos.3 and 4 in disqualifying the petitioner during

prequalification bid/technical bid proceedings vide online copy of

Tender dated 29.09.2021 and in not allowing the petitioner to

participate in financial bid/reverse tender process, in pursuance of

tender notification vide NIT No.554/A1/2021, dated 14.09.2021 for

supply of YSR SP Nutrition Kits to Anganvadi Centres under YSR

Sampoorna Poshana in Chittoor District for a period of one year, and

seeking to set aside the same while directing respondent Nos.3 and 4

to reconsider the financial/reverse tender process, duly qualifying the

petitioner in Pre-qualification bid/technical bid and to finalize the

tender process so as to award contract in favour of successful bidder

or alternatively, to direct to issue fresh tender notification for the

same.

2. It is a common ground that after the impugned order dismissing

the writ petition has been rendered by the learned single Judge on

15.09.2022, the tender process has come to an end and work order

has been allotted to respondent No.5, who is L1 bidder, and he has

already commenced supply of items for which tenders were issued. It

is to be seen that the petitioner has not called in question the action of

respondent Nos.3 and 4 in declaring respondent No.5 to be technically HCJ & DVSSS, J

qualified. Such arguments are raised for the first time in this writ

appeal without there being any foundation in the writ affidavit.

3. In such circumstances, the argument raised by the learned

counsel for the appellant/writ petitioner that respondent No.5 was also

not qualified, in the same manner in which the petitioner has been

disqualified, cannot be examined for the first time in this writ appeal.

If respondent No.5 is also declared to be disqualified as agitated by the

learned counsel for the appellant now, the consequence would be to

set aside the work order issued in favour of respondent No.5, for which

there is no prayer in the writ petition.

4. For all the above reasons, this writ appeal has been rendered

infructuous by efflux of time and due to subsequent events.

5. Accordingly, the Writ Appeal is disposed of as infructuous

reserving liberty in favour of the appellant/writ petitioner to file a fresh

writ petition seeking the relief as can be claimed at this stage of the

proceedings. If such writ petition is filed, the same shall be considered

on its own merits. No order as to costs. All the pending miscellaneous

applications shall stand closed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J Nn HCJ & DVSSS, J

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

WRIT APPEAL No.754 OF 2022

(per Prashant Kumar Mishra, CJ)

Dt:11.10.2022

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