IN THE HIGH COURT OF ANDHRA PRADESH :: FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, AMARAVATI THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAI NO: 226 OF Pn9fi Writ Appeal under clause 15 of the 03-2025, in WP No. 6129 of 2025 Letters Patent against the order dated on the file of the High Court. 12- Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary towers, Atmakur (V), Mangalagiri (M), Guntur District-522503. ^ J^'f®ctor, Andhra Pradesh Government, Textbook Press epartment of School Education, Andhra Pradesh, 5th Floor Bhavan, Atmakur (V), Mangalagiri (M), Guntur Vidhya District, Andhra Pradesh. -Appellants AND 1. M/s Vikranth Publishers, Rep by its Proprietor Gorthi Chakravarthi, S/o Gorthi Narayana, Registration eet, Seetharampuram, Vijayawada, NTR District, AP - 520002. 2. The Commissioner of Industries, Department Commerce, 8th Floor, APIIC Towers, Andhra Pradesh Srinivasa No. of Industries and IT Park, Autonagar, Mangalagiri % 3. The Director of Industries, Department of Industries and Commerce 8th Floor, APIIC Towers, IT Park, Autonagar Mangalagiri, Andhra Pradesh ...Respondents/Respondents lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the interim order passed in WP No. 6129 of 2025 dated 12-03-2025. Counsel for the Appellants: GP FOR SCHOOL EDUCATION Counsel for the Respondent No. 1: SRI M R TAGORE APPEARING ON BEHALF OF SRI DHEERA KANISHKA Counsel for the Respondent Nos. 2&3: GP FOR INDUSTRIES AND COMMERCE The Court made the following order: Bench Sr.No:-21 [3483] APHC010131202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 226 of 2025 ...Appellants The State of Andhra Pradesh and others Vs. ...Respondents M/s. Vikranth Publishers and others ********** GP for School Education Advocate for Appellants Advocates for Respondents Mr. M. R. Tagore for Mr. Dheera Kanishka GP for Industries & Commerce CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI . 0'3-VOl-S' DATE Per DHIRAJ SINGH THAKUR. CJ: The present Writ Appeal, filed under Clause 15 of the Letters Patent, has been preferred against an interim order, dated 12.03.2025, passed by the learned single Judge in W.P.No.6129 of 2025. The petitioner, who is respondent No.1 herein, had filed the Writ Petition challenging the tender notification, dated 18.02.2025, issued by the 2. respondents inter alia on the ground that the annual turnover of Rs.10 Crores prescribed in the tender notification for the last three financial years i.e.,2022- 2023, 2023-2024 & 2024-2025 was onerous. 2 HCJ & RCJ W.A.No.226 of 2025 The case of the petitioner was that even when a representation, dated 20.02.2025, had been filed by the petitioner with the Director, Andhra Pradesh government Textbook Press, Department of School Education, the same had not been decided. 3. It is in that backdrop that the learned single Judge observed in the order impugned that since the respondents/appellants herein were under a mandatory public duty to furnish the response, one way or the other, before the last date of submitting the ‘Expression of Interest’ which was 05.03.2025, and having failed to perform such elementary public duty, it proceeded to direct the appellants herein to accept the ‘Expression of Interest’ which the petitioner could file within two days from the date of the order. The appellants were also directed to receive the application form without reference to the last 4. date prescribed in the tender document. Learned counsel for the appellants would submit that the 5. petitioner was not at all fulfilling the turnover requirement and it is only on that account the petitioner had not responded to the tender notification, dated 18.02.2025, before the last date of submission i.e. on 05.03.2025. Learned counsel for the respondents in the present appeal have reiterated the stand as was taken by them before the learned single Judge. 6. We have heard learned counsel for the parties. 7. 3 HCJ & RCJ W,A.No.226 of 2025 We are of the view that only because the appellants had failed to respond to the representation, dated 20.02,2025, filed by the petitioner would not warrant the participation of the petitioner in the tendering process, especially when the petitioner had not succeeded in establishing before the learned single Judge as to how the terms and conditions of the tender notification were in any manner unsustainable in law. Moreover, even the learned single Judge had not clearly opined as to how in the light of the provisions of clause 9 of the tender notification, dated 18.02.2025, the petitioner could be permitted to participate in the tendering process. 8. In our opinion, the order impugned, dated 12.03.2025, is not sustainable and is, accordingly, set aside. 9. 10. The Writ Appeal is, accordingly, allowed. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR ^^CT^feijoFFICER //TRUE COPY// To, 1. The Proprietor, Vikranth Publishers, Gorthi Srinivasa Chakravarthi, S/o Gorthi Narayana, Registration No. 37ACOPPG1874GIZE D.No 33-3-33, GNR Mansion, Ramanaidu Street, Seetharampuram, Vijayawada, NTR District, AP - 520002. 2. The Commissioner of Industries, Department of Industries and Commerce, 8th Floor, APIIC Towers, IT Park, Autonagar, Mangalagiri, Andhra Pradesh 3. The Director of Industries, Department of Industries and Commerce 8th % 4. One CC to Sri. Dheera Kanishka Advocate [OPUC] 5. Two CCs to GP for School Education, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Industries and Commerce, High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC HIGH COURT DATED:21/03/2025 ORDER WA.No.226 of 2025 I 29MA« 2025 ^ Current Section ALLOWING OF THE WA WITHOUT COSTS