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2025 DAILYLAW 22640 (AP)

JASTI VENKATAPATHI RAO v. THE STATE OF AP

WP/15912/2025 · 2025-07-10

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010318512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JUL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Nos.15909, 15910 and WRIT PETITION No.15909 OF 2025 Between: Jasti Venkatapathi Rao, S/o Madhava Rao, Age 51 years, Special Class Civil Contractor, R/o. H. No.25-6-297 522007. B PRASAD OF 2025 7th Lane, Chandramouli Nagar, Guntur - ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Andhra Pradesh Education Development Department, Government and Welfare Infrastructure of A.P, A.P.Secretariat . A.P. Pradesh Education and Welfare Infrastructure Development Department (APEWIDC), D.No.9-76, Sai Fortune Heights, Block-A, Vaddeswaram(V), Tadepally District, Amaravathi. Buildings, Nelagapudi, Amaravathi Capital, Guntur District 2. The Managing Director, Andhra (M), Guntur 3. The Chief Engineer, Andhra Pradesh Education Infrastructure Development Department (APEWIDC), D.No.9-76, Sai Fortune Heights, Block-A and Welfare Vaddeswaram(V), Tadepally (M), Guntur District, Amaravathi. 4. The Superintending Engineer, Andhra Pradesh Education and Welfare Infrastructure Development Department (APEWIDC) D.No.9-76, Sai Fortune Heights, Block-A, Vaddeswaram(V), Tadepally (M), Guntur District, Amaravathi. 5. The Executive Engineer, APEWIDC, Vijayawada. 6. Stanch Projects Private Limited, Represented by its authorized representative Registered office at 1-636/2, Model Colony, Sundar Nagar, Erragadda, Hyderabad - 500038. ...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 any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus declaring the action of Respondents in rejecting the bid of the Petitioner and disqualifying the Petitioner as a bidder for the tender invited by the A.P. Education and Welfare Infrastructure Development Corporation vide Tender 02/MD/APEWIDCA/JA/2025-26, Dated 02.05.2025, without furnishing any despite the Petitioner being duly eligible as illegal, arbitrary, high handed, violative of fundamental rights guaranteed to the Petitioner under Articles 14, 19 and 21 of Constitution of India and consequently to direct Respondent No.2 to consider the bid of the Petitioner for the Tender Notice Number NIT No 02/MD/APEWIDCA/JA/2025-26, Dated 02.05.2025 or in the alternative to return the Processing Fee of Rs.59,000/- (including GST at 18%) paid by the Petitioner. Notice Number NIT No reasons 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 direct the Respondents not to finalize or allot the tender pertaining to NIT No:02/MD/APEWIDCA/JA/2025-26, Dated: 02.05.2025, to any third/party including Respondent No.6. Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent No.1: GP FOR EDUCATION Counsel for the Respondent Nos.2 to 5: SRI V.CH.NAIDU, SC FOR APEWIDC Counsel for the Respondent No.6:-- APHC010318502025 0jii0 ■ SJ 0Sl^ WRIT PETITION NO: 15910 OF 2Q2fi Between: Jasti Venkatapathi Rao, S/o Madhava Rao, Age 61 years, Special Class Civil Contractor. R/o. H. No.25-6-297, 7th Lane, Chandramouli Nagar 522007 GUNTUR- ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Government, Andhra Pradesh Education and Development Department, Government of A.P, Buildings, Velagapudi, Amaravathi Capital, Guntur District, A.P. 2. The Managing Director, Andhra Pradesh Education Infrastructure Development Department (APEWIDC) Fortune Heights, Block-A, Vaddeswaram(V), Tadepally (M), Guntur District, Amaravathi. 3. The Chief Engineer, Andhra Pradesh Infrastructure Development Department (APEWIDC) Fortune Heights, Block-A, Vaddeswaram(V), Tadepally (M) District, Amaravathi. to Welfare Infrastructure A.P Secretariat and Welfare D.No.9-76, Sai Education and Welfare D.No.9-76,Sai Guntur 4. The Superintending Engineer, Andhra Pradesh Education Infrastructure Development Department (APEWIDC) Fortune Heights, Block-A, Vaddeswaram(V), Tadepally (M), Guntur District, Amaravathi. 5. The Executive Engineer, APEWIDC, Vijayawada. 6. R. Gangaiah and Co, Represented by its Managing Partner, R/o. 8-3- 948/949, Flat No. 401, Sanali Heavens,Srinagar Colony, Hyderabad. and Welfare' D.No.9-76,Sai i ...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 any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondents in rejecting the bid of the Petitioner and disqualifying the Petitioner as a bidder for the tender invited by the A.P. Education Development Corporation vide NIT No and Welfare Infrastructure 01/MD /APEWIDCA/JA/2025-26 Dated 02.05.2025. without intimating despite the Petitioner being duly eligible as Illegal, arbitrary, high handed, violative of fundamental rights guaranteed to the Petitioner under any reasons. Articles 14, 19 and 21 of Constitution of India and consequently to direct Respondents bid of to consider the Notice Number NIT No the Petitioner for the Tender 01/MD/APEWIDCA/JA/2025-26 direct the Respondents to return the Processing Fee of Rs.88,500/- (including GST at 18%) paid by the Petitioner. Dated 02.05.2025 or in the alternative to lA NO: 1 OF 2Q2fi 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 direct the Respondents not to finalize No:01/MD/APEWIDCA/JA/2025-26, Dated: including Respondent No.6. or allot the tender pertaining to NIT 02.05.2025, to any third party / / / Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent No.1; GP FOR EDUCATION Counsel for the Respondent Nos.2 to 5: SRI V.CH.NAIDU, SC FOR APEWIDC 7 Counsel for the Respondent No.6:-- APHC010318472025 WRIT PETITION NO: 15912 OF 2025 Between: Jasti Venkatapathi Rao, S/o Madhava Rao, Age 51 years, Special Class Civil Contractor, R/o. H. No.25-6-297, Lane, Chandramouli Nagar, GUNTUR- 522007 ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Andhra Pradesh Education & Welfare Infrastructure Development Department, Government of A.P A.P Secretariat Buildings, Velagapudi, Amaravathi Capital, Guntur District, A.P. 2. The Managing Director, Andhra Pradesh Education &Welfare Infrastructure Development Department (APEWIDC) D.No.9-76, Sai Fortune Heights, Block-A, Vaddeswaram(V), Tadepaily (M) District, Amaravathi. Guntur 3. The Chief Engineer, Andhra Pradesh Education & Welfare Infrastructure Development Department (APEWIDC) D.No.9-76, Sai Fortune Heights, Block-A, Vaddeswaram(V), Tadepaily (M), Guntur District, Amaravathi. 4. The Superintending Engineer, Andhra Pradesh Education & Welfare Infrastructure Development Department (APEWIDC) D.No.9-76, Sai Fortune Heights, Block-A, Vaddeswaram(V), Tadepaily (M), Guntur District, Amaravathi 5. The Executive Engineer, APEWIDC, Vijayawada. 6. R. Gangaiah and Co, Represented by its Managing Partner, R/o. 8-3- 948/949, Flat No. 401, Sanali Heavens Srinagar Colony, Hyderabad. ...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 any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondents in rejecting the bid of the Petitioner and disqualifying the Petitioner as a bidder for the tender invited by the A.P. Education Welfare Infrastructure Development Corporation vide NIT No03/MD/APEWIDCA/JA/2025-26, Dated 02.05.2025, without intimating any reasons, despite the Petitioner being duly eligible as illegal, arbitrary, high handed. violative of fundamental rights guaranteed to the Petitioner under Articles 14, 19 and 21 of Constitution of India and consequently to direct Respondents to consider the bid of the Petitioner for the Tender Notice Number NIT No 03/M D/APEWIDCA/JA/2025- 26, Dated 02.05.2025 or in the alternative to direct the Respondents to return the Processing Fee of Rs.59,000/- (including GST at 18%) paid by the Petitioner. 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 direct the Respondents not to finalize or allot the tender pertaining to NIT No;03/MD/APEWIDCA/JA/2025-26, Dated; 02.05.2025, to any third party including Respondent No.6. 43^- Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent No.1: GP FOR EDUCATION Counsel for the Respondent Nos.2 to 5: SRI V.CH.NAIDU, SC FOR APEWIDC Counsel for the Respondent No.6:-- The Court made the following: COMMON ORDER COURT OF ANDHRA PRADESH at ANIARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE GANNAMANENl RAMAKRISHNA PRASAD y.o.T pcTiTinN nos: 15nnn, and 15912 of 2025 WRIT PETITION NO: 15909 of 2025 Between: JASTI VENKATAPATHI RAO, S/0 SPECIAL CLASS CIVIL CONTRACTOR lane CHANDRAMOULI NAGAR, GUNTUR - 522007. APHC010318512025 IN THE HIGH [3328] 0' the honourable SRI MADHAVA RAO, AGE 51 YEARS, . H. NO.25-6-297, 7TH 1 ...PETITIONER AND AP RFPRESENTED by ITS PRINCIPAL 1.THE STATE OF A , amoHRA PRADESH EDUCATION secretary to ' ip-ryoc development and welfare p AP SECRETARIAT department, capital GUNTUR buildings, N/ELAGAPUDI, AMARAVATHI CAPIIAL, DISTRICT, A.P. 2,the managing CIRECT0R_ANDH^ pj^dkh educatio^^^^^ WELFARE fortune HEIGHTS, BLOCK-A, VADDESWARAM(V), AMARAVATHI. 3.THE CHIEF WELFARE VADDESWARAM(V), TADEPALLY (M), AMARAVATHI. PRADESH EDUCATION AND DEPARTMENT HEIGHTS, BLOCK-A, GUNTUR DISTRICT, ENGINEER, ANDHRA INFRASTRUCTURE D.NO.9-76, SAI FORTUNE development 2 % 4.THE SUPERINTENDING ENGINEER ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT DEPARTMENT (APEWIDC) D.NO.9-76, SAI FORTUNE HEIGHTS. BLOCK-A, VADDESWARAM(V), TADEPALLY (M) DISTRICT, AMARAVATHI. GUNTUR 5. THE EXECUTIVE ENGINEER, APEWIDC, VIJAYAWADA. 6. STANCH PROJECTS PRIVATE LIMITED, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE REGISTERED OFFICE AT 1- 636/2, MODEL COLONY, SUNDAR NAGAR, ERRAGADDA HYDERABAD - 500038. r^r^AUAUUA, ...RESPONDENT(S): Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP FOR EDUCATION WRIT PETITION NO: 15910/2025 Between: 1.JASTI VENKATAPATHI RAO, S/0 MADHAVA RAO AGE 61 YEARA SPECIAL CLASS CIVIL CONTRACTOR, R/0. H. NO.25-6-297 7TH LANE, CHANDRAMOULI NAGAR, GUNTUR - 522007 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT DEPARTMENT, GOVERNMENT OF A.P, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI CAPITAL GUNTUR district, A.P. 2.THE MANAGING DIRECTOR, ANDHRA PRADESH WELFARE INFRASTRUCTURE DEVELOPMENT (APEWIDC) D.NO.9-76, SAI FORTUNE HEIGHTS VADDESWARAM(V), TADEPALLY (M) AMARAVATHI. EDUCATION AND DEPARTMENT BLOCK-A, GUNTUR DISTNCT, 3 PRADESH EDUCATION AND development department heights, BLOCK-A, GUNTUR DISTNCT, ENGINEER, ANDHRA infrastructure L D.N0.9-76,SA1 fortune TADEPALLY (M), 3.THE CHIEF WELFARE (APEWIDC) VADDESWARAM(V) AMARAVATHI. PRADESH ANDHRA ^IJfFRASTRUCTURE DEVELOPMENT fortuneheights, GUNTUR SUPERINTENDING 4THE education and welfare BLOCK-A, DISTRICT, AMARAVATHI. APEWIDC, VIJAYAWADA. 5.THE EXECUTIVE ENGINEER * HKVENS SRINAGAR COLONY, HYDERABAD by its managing ...RESPONDENT(S): Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S); 1 GP FOR SCHOOL EDUCATION WRIT PETITI*^*^ 15912/2025 Between: MADHAVA RAO, AGE 51 YEARS, . H. NO.25-6-297, 7TH 1 lASTI VENKATAPATHI RAO, S/0 SPECIAL CLASS CIVIL CONTRACTOR, R/0 LANE, CHANDRAMOULI NAGAR, GUNTUR - 52200 ...PETITIONER AND STATE OF AE. «EPKES™“ EoSS development department, buildings, 1 THE SECRETARY TO GOVERNMENT welfare infrastructure „pp,p.rARIAT ^E°:;fG™^MARAVMHI CAPITAL, GUNTUR DISTRICT, A.P 4 2.THE MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION INFRASTRUCTURE DEVELOPMENT DEPARTMENT D.NO.9-76, SAI FORTUNE HEIGHTS, BLOCK-A, GUNTUR DISTRICT, WELFARE (APEWIDC) VADDESWARAM(V), TADEPAILY (M) AMARAVATHI. 3.THE CHIEF ENGINEER, ANDHRA PRADESH EDUCATION INFRASTRUCTURE DEVELOPMENT DEPARTMENT D.NO.9-76, SAI FORTUNE HEIGHTS, BLOCK-A, GUNTUR DISTRICT, WELFARE (APEWIDC) VADDESWARAM(V), TADEPAILY (M), AMARAVATHI. 4.THE SUPERINTENDING ENGINEER, ANDHRA PRADESH EDUCATION WELFARE INFRASTRUCTURE DEVELOPMENT DEPARTMENT (APEWIDC) D.NO.9-76, SAI FORTUNE HEIGHTS, BLOCK-A, VADDESWARAM(V), TADEPAILY (M), GUNTUR DISTRICT, AMARAVATHI 5.THE EXECUTIVE ENGINEER, APEWIDC, VIJAYAWADA. 6.R GANGAIAH AND CO, REPRESENTED BY ITS MANAGING PARTNER R/0. 8-3-948/949, FLAT NO. 401, SANALI HEAVENS SRINAGAR COLONY, HYDERABAD. ...RESPONDENT(S): Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP FOR EDUCATION The Court made the following: 5 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 15909.15910 and 15912 of 2025 ORAL ORDER: Sri Ms.Sk.Shahedaz, Ld. Counsel appearing on behalf of Sri G.Arun Showri, Ld. Counsel for the Writ Petitioner submits that the Ld. Counsel for the Petitioner in Writ Petition Nos. 15909, 15910 and 15912 of 2025 has filed a Memo along with Letter from the Client/Writ Petitioner, seeking to withdraw the present Writ Petitions. The said Memo is taken on record along with Letter of the Writ Petitioner. 2. Request granted. Accordingly, this Writ Petition Nos. 15909, 15910 and 15912 of 2025 are dismissed as withdrawn. No order as to costs. 3. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- V. DIWAKAR DEPUTY REGISTRAR 4. //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Arun Showri G, Advocate [OPUC] 2. One CC to Sri V.Ch. Naidu, SC for APEWIDC[OPUC] 3. Two CCs to GP for Education, High Court of Andhra Pradesh [OUT] 4. Two CD Copies ssb 1 HIGH COURT DATED:11/07/2025 COMMON ORDER WP Nos. 15909, 15910 and 15912 OF 2025 DISMISSING THE WRIT PETITIONS WITHOUT COSTS