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APHC010200042020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13015/2020 Between:
1. TATA METALIKS LIMITED,, HAVING ITS REGISTERED OFFICE AT TATA CENTRE, 10TH FLOOR, 43, JL NEHRU ROAD, KOLKATA 700071 (WEST BENGAL) REPRESENTED BY MR SANKAR BHATTACHARYA, S/O. LATE SH. R N BHATTACHARYA, AGED ABOUT 50 YEARS, R/O 84, WEST PUTIARY (OLD 2/123) KOLKATA 700 041, CHIEF CORPORATE GOVERNANCE AND COMPANY SECRETARY
...PETITIONER AND
1. STATE OF ANDHRA PRADESH, THROUGH, PRINCIPAL SECRETARY, DEPARTMENT OF RURAL WATER SUPPLY AND SANITATION, APDWSC, GOLLAPUDI, VIJAYWADA, ANDHRA PRADESH
2. ANDHRA PRADESH DRINKING WATER SUPPLY CORPORATION, REPRESENTED BY ITS JOINT MANAGING DIRECTOR, APDWSC, 'C' BLOCK, 5TH FLOOR, VASUDHA SHELTERS, SAIPURAM COLONY, GOLLAPUDI 521225 ANDHRA PRADESH, INDIA
3. JINDAL SAW LIMITED, REPRESENTED BY D.PURNA
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CHANDRA RAO,12 BHIKAIJICAMA PLACE, NEW DELHI 110066 EMAIL DPC.RAO@JINDALSAW.COM
...RESPONDENT(S): 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 toTo pass an appropriate writ, order or direction i) in the nature of Certiorari or any other writ, order quashing the Impugned Tender being the Invitation for Expression of Interest (EOI) for empanelment of manufactures of HDPE Pipes, DI Pipes, BWSC Pipes and DI Valves in RWS and S Department bearing Tender Notice No. 1/EOI/Empanelment/2020-21/10.06.2020 amended by Corrigendum 1 issued on 19.06.2020 and Corrigendum 2 issued on 24.06.2020 (Impugned Tender) ii) issue a writ in the nature of a mandamus, directing the Respondents to consider the application for empanelment of the Petitioner de hors Petitioners qualifying the requirements as prescribed under the Impugned Tender which are arbitrary and discriminatory in nature in terms of the present petition iii) declaring the act of the Respondents in arbitrarily and unreasonably imposing irrelevant, baseless pre- qualification conditions in tender for empanelment wherein it is prescribed that the applicant should have (a) size specification for DI Pipes is to be at least upto 900 mm diameter and (b) held BIS certification for DI Pipes as per IS 8329 2000 for 10 years as being unlawful, unconstitutional, and discriminatory and iv) direct the Respondents to revise the conditions in a manner which is not discriminatory and arbitrary and pass Counsel for the Petitioner:
1. DUVVA PAVAN KUMAR Counsel for the Respondent(S):
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GP FOR PANCHAYAT RAJ RURAL DEV
2. JAVVAJI SARATH CHANDRA
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.13015 of 2020 This Court made the following
ORDER:
Learned counsel for the petitioner seeks permission of this Hon’ble Court to withdraw the present writ petition, submitting that no cause of action survives for its further adjudication.
2. Permission is accorded.
3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_________________________________ VENKATESWARLU NIMMAGADDA, J
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
W.P.No.13015 of 2020
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