IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13038 OF 2025 Between: SLC Projects Private Limited, Rep. by its Managing Director D.No. 50- 104-2, N.E. Lay Out TPT Colony, Seethammadhara Visakhapatnam- 530013 . ...PETITIONER AND 1. Union of India, rep. by its Under Secretary to Government Ministry of Defense, New Delhi. 2. The Director General of Naval Projects, Naval Base Post Visakhapatnam-530014 3. The Deputy Director General and Chief Engineer, DGNP, Naval Base Post Visakhapatnam-530014. ...RESPONDENTS Petition under Article 226 of the Constitution of India is fiied praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents 2 and 3 in rejecting the pre-qualification criteria- vide letter dated 13.02.2025 and 17.04.2025 to issue tender documents for . C.A.Nd, DDG and CE(V)/Token/06 of 2022-2023 provision of Technical Area Infrastructure (Under WP-06) AT NAOB Rambilli, Near Visakhapatnam without considering the clarification given on 21.02.2025 vide DGNP/WP-06/004/2024-2025 and Letter No. DGNP/WP-06/05/2024- 2025 dated 26.03.2025. as illegal, arbitrary and violative of principles of natural justice as also contrary to prequalification criteria fixed by the Respondents 2 and 3 and consequently direct the Respondents 2 and 3 to issue Tender Documents related to C.A.No. DDG and CE(V) Token/06 of 2022-2023 Provision of Technical Area Infrastructure (Under-WP-06) NAOB, Rambilli, Near Visakhapatnam - Tender I.D.No. 2024-MES- 6710106-1 to the Petitioner. at lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 tender documents to the Petitioner in respect of Tender C.A.No. DDG&CE(V) Token/06 of 2022-2023 Provision to issue of Technical Area Infrastructure (Under-WP-06j at NAOB, Rambilli, Near Visakhapatnam duly taking into consideration the Representations dated 19.04.2025 submitted by the Petitioner. Counsel for the Petitioner: SRI K.SRINIVASA RAO Counsel for the Respondents: SRI PASALA PONNA RAO FOR CENTRAL GOVERNMENT The Court made the following: ORDER APHC010260492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13038/2025 Between: Sic Projects Private Limited ...PETITIONER AND Union Of India and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.K SRINIVASA RAO Counsel for the Respondent(S): 1. 2 HCGR.J W.P.No.13038 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents 2 and 3 in rejecting the pre qualification criteria vide letter dated. 13.02.2025 and 17.04.2025 to issue tender documents for C.A.No.DDG and CE<V)/Token/06 of 2022-2023 provision of Technical Area Infrastructure (Under WP-06) AT NAOB, Rambilli, Near Visakhapatnam, without considering the clarification given on 21.02.2025 vide DGNP/WP- 06/004/2024-2025 and Letter No.DGNPAA/P-06/05/2024-2025 dated 26.03.2025 as illegal, arbitrary and violative of principles of natural justice as also contrary to prequalification criteria fixed by the Respondents 2 and 3 and consequently direct the Respondents 2 and 3 to issue Tender Documents related to C.A.No.DDG and CE(V) Token/06 of 2022-2023 Provision of Technical Area Infrastructure (Under-WP-06) at NAOB, Rambilli, Near Visakhapatnam-Tender I.D.No.2024-MES-6710106-1 to the Petitioner and pass such other order or orders....” Heard Sri Ghanta Rama Rao, learned Senior Counsel, assisted by learned counsel for the petitioner on record and Sri J.Dilip Jaya Ram, learned counsel for the respondents. 2. 3. Petitioner is a special contractor and has evinced interest to participate in the tender process initiated by the 2"^^ respondent, in pursuance to the tender notification dated 03.09.2024. The aforesaid notification has been issued for execution of work namely Provision of Technical Area Infrastructure (Under-WP-6) at Naval Station, Rambilli, Near Visakhapatnam, with an estimated cost of Rs.542.60 Crores. The tendering system contemplates three stages. First stage is to commence Pre-Qualification Criteria (PQC). In terms of the said Pre-Qualification Criteria, the contractor must have additional 3 HCGRJ W.P.No.13038 of 2025 experience of completing any type of single work having pile foundation (pile & pile cap) of minimum value of Rs.115 Crore under Departments/AWHO/AFNHB/CGEWHO/ the Government/PSU DGMAP during the last seven years ending by August. Petitioner claims to have had the said additional experience, as it is executing the project namely UG Sump-cum-Pump House, Over Head Tanks Distribution Network and other allied services (under WP-05B) at Naval Station, Rambilli, Near Visakhapatnam in tender Notification CA No.DDG&CE(V)/03 of 2022-2023, floated by very same respondents. Petitioner was issued work experience certificate dated 21.02.2025, which indicates that aforesaid work consists of piling and foundations to the tender worth of Rs.120.50 Crores, out of total contract value of Rs.189.66 Crores, to which approximate work of 63.50% was completed. Though the aforesaid certificate was nd produced by the petitioner, the same came to be rejected by the 2 respondent during technical evaluation. Petitioner has made representation dated 21.02.2025, to consider aforesaid experience certificate. However, the same has also been rejected by impugned proceedings dated 17.04.2025. Learned Senior Counsel appearing for petitioner submits that 4. petitioner has undertaken similar works for the very same respondents, for which, the experience certificate has been issued on 21.02.2025, which clearly demonstrates that out of total contract HCGR.J W.P.No.l3038of2025 value of Rs. 189.66 Crores, piling and foundations constitutes for about Rs. 120.50 Crores, and that petitioner has already completed 63.50% of overall work, which implies that most of the aforesaid work only relates to piling and foundations. Therefore, respondents were not justified in not considering the aforesaid certificate in proper perspective. 5. Learned Senior Counsel further submits that as the work has been executed by petitioner, which is very much known to the respondents, the value of total piling and foundations were met the requirements of Rs.115 Crores as contemplated in the present tender notification. The impugned rejection order does not deal with the aforesaid aspect and summarily rejected the request of the petitioner. Petitioner has once again submitted yet another representation dated 19.04.2025, to the 2"" respondent, for reconsideration, which is stated to de pending and therefore to issue directions to reconsider aforesaid representation. prays 6. Learned Standing Counsel appearing for respondents, on the other hand, submits that petitioner’s earlier request has already been rejected once, having found that experience certificate dated 21.02.2025 submitted by petitioner, has not met the requirements indicated in the tender documents. Further, he does not deny the factum of aforesaid proceedings considering the petitioner’s HCORJ W.P.No.l3038of2025 representation in detail and providing the reasons for coming to such conclusion. 7. In view of aforesaid submissions, it would suffice to dispose of the writ petition with a direction to the 2'^^ respondent to reconsider the case of petitioner, in pursuance to petitioner’s representation dated 19.04.2025 and pass appropriate orders, in accordance with law, within a period of one week from today. 8. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/- B.CHITTI JOSEPH ASSISTANT REGISTRAR p- Sf //TRUE COPY// SECTION OFFICER To, 1. Union of India, Under Secretary to Government Ministry of Defence, New Delhi. 2. The Director General of Naval Projects, Naval Base Post Visakhapatnam-530014 3. The Deputy Director General and Chief Engineer, DGNP, Naval Base Post Visakhapatnam-530014 4. One CC to Sri K.Srinivasa Rao, Advocate [OPUC] 5. One CC to Sri Pasala Ponnarao, Deputy Solicitor General of India [OPUC] 6. Two CD Copies. VACATION COURT HIGH COURT DATED:15/05/2025 ORDER WP.No.13038 of 2025 DISPOSING OF THE W.P WITHOUT COSTS