LAKSHMI CHENNAKESAVA CONSTRUCTIONS v. THE STATE OF AP
WP/7608/2025 · 2025-04-29
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12399 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12399 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) a TUESDAY, THE TWENTY NINETH DAY OF APRIL " [ TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7608 OF 2025 Between; Lakshmi Chennakesava Constructions, Rep. by its Managing Director Sirigireddy Chennakesava Reddy, S/o Chenna Reddy Aged about 53 years, R/o.D.No.1/4, Yerragudipadu Village, Kamalapuram Mandal, YSR Kadapa District. ...PETITIONER AND Yl. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Rural Development, Velagapudi, Amaravathi, Guntur District. '2. The Chief Executive Officer, ZillaPraja Parishad YSR Kadapa District. <^^The Superintendent Engineer RWS & S, Circle, Kadapa Town and District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ,
order or direction more particularly one in the nature of Writ of Mandamus by declaring the action, things and deeds of Respondents in including clause 12 in the Tender Notice No.AE1/08/2024-25 dated 04-03-2025 further not including the Contract Profit/Supervising Charges, as well as Security Deposit of 4percent on Estimated Contract Value for Operation and Maintenance of CPWS Scheme to Muddanur and
rr ¥ * other habitations for the year 2025-26 (01-04-2025 to 31-03-2026), without indicating who has to pay the contributions of E.P.F. and E.S.I. payments, which is illegal, irregular, unjust, arbitrary, discrimination. against to the Principles of Natural Justice, contrary to the Tender Rules and in-violation of Articles 14, 19 21 of the Constitution of India consequently direct the payment of Contract Respondents to delete clause 12, by including the Profit/Supervising Charges as well as direct to delete the Special Condition No.40 of Security Deposit of 4percent on the Estimated Contract Value of Tender Notice No.AE1/08/2024-25 dated 04-03-2025.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the Respondents to process/finalize the Tenders without reference to Clause 12 of the Tender Notice No.AE 1/08/2024-25 dated 04- 03-2025 issued by 3 Respondent pending disposal of main Writ Petition. may Counsel for the PetitionerSRI NARASIMHA RAO GUDISEVA Counsel for the Respondents No.1,3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: SRI M SUDHIR (SC FOR ZILLA PRAJA PARISHAD The Court made the following: ORDER
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.7608 OF 2025 ORAL ORDER; Heard Sri Narasimha Rao Gudiseva, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri M. Sudhir, learned Standing Counsel for the Respondent No.2.
Learned Counsel for the Writ Petitioner submits that the present Tender Notice No.AE1/08/2024-25 dated 04.03.2025 has been withdrawn by the Official Respondents and the Official Respondents have issued a fresh Tender Notification. He would submit that the fresh Tender Notification also has the same onerous clause requiring the Security Deposit of 4% on the Estimated Contract Value for Operation and Maintenance of CPWS Scheme.
Learned Counsel for the Writ Petitioner would submit that the Writ Petitioner is now required to challenge the condition imposed by the Respondents in the new Tender Notification.
2. In view of the withdrawal of the present abovementioned Tender Notice dated 04.03.2025, this Writ Petition has become infructuous. Needless to state that the Writ Petitioner always has the liberty to challenge the new Tender Notification, if so advised. In compliance with the
Order of this Court dated 23.04.2025, Smt. C. Obulamma, Chief Executive Officer, ZPP, YSR Kadapa District (Respondent No.2) is present before the Court. The said Officer has also informed that the Tender Notification dated 04.03.2025 has been withdrawn and the
3.
4.
I 2 % Government has issued a fresh Tender Notification. Her appearance is dispensed with. With these observations, the present Writ Petition is
disposed of as having become infructuous. No order as to costs. Interlocutory Applications, if any, stand closed in terms of
5.
6. this order.
Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj Rural Development, Velagapudi, Amaravathi, Guntur District.
2. The Chief Executive Officer, Zilla Praja Parishad YSR Kadapa District.
3. The Superintendent Engineer RWS & S, Circle, Kadapa Town and District.
j^One CC to SRI. NARASIMHA RAO GUDISEVA Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh. [OUT]
6. One CC to SRI. M. SUDHIR, (SC FOR ZILLA PRAJA PARISHAD),Advocate [OPUC]
7. Three C.D.Copies nm
HIGH COURT DATED:29/04/2025
ORDER WP.No.7608 of 2025 5? O S 2 9 APR 2025 m C9 ^ . Current Section DISPOSING OF THE WP AS INFRUCTUOUS WITHOUT COSTS