APHC010348562025 IN THE HIGH COURT OF ANDHRA PRADESH < AT AMARAVATI ^ (Special Original Jurisdiction) TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1831fi OF 2025 o Sb'rJ: o o & Between: Koppula Ramachandra Rao, Contractor, R/o. H.No. 1-141/B, ‘ Mandal, Alluri Seetha Rama Raju District S/o. Venkata Rao, aged 57 years, Occ Gannerukoyapadu Village, Yetapaka ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings. Velagapudi. Thullur Mandal, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Panchayat Raj, Z.P.Compound, Opposite to PWD Grounds, M.G.Road, Vijayawada. 3. Superintending Engineer, Panchayat Raj Kakinada. Circle, Kakinada District 4. Executive Engineer, Panchayat Raj (PIU) Division, Kakinada. Kakinada District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the the High Court may be or Direction more particularly one in the nature circumstances stated in the affidavit filed therewith, pleased to issue a Writ, Order, of WRIT OF MANDAMUS or any other appropriate writ direction declaring or the filed declaring the action of the respondent and not opening the Petitioners tender/bid vide dated 16/05/2025 for the tender Contract Bhagavanthapuram to Kotha Karmakonda of Kunavaram Rs.590.00 lakhs without assigning any violative of Art 14 and 21 of Constitution of India. lA NO: 1 OF 2n2fi 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 to consider the 08-07-2025 for open his tender bid. authorities in not accepting Bid No. ENCR-141262-1, AP05PVT14-L021- work Mandal Est cost of proper reasons is illegal, arbitrary and Petitioner representation dated Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent Nos.1 to 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT The Court made the following order: COURT OF ANDHRA PRADESH at ANIARAVATI (Special Original Jurisdiction) TUESDAY THE TWENTY SECOND DAY OF JULY TOO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATESWARLU NIMNIAGADDA 'a;pit PFTITIQM mo- 18316/202^ APHCOI 0348562025 BJiS IN THE HIGH [3329] 0ra: THE HONOURABLE SRI Between; 1.KOPPULA YEARS, gannerukoyapadu village, SEETHA RAMA RAJU DISTRICT. VENKATA RAO, AGED 57 1-141/B, ALLURl RAMACHANDRA RAO, S/0 CONTRACTOR R/0. H.NO. YETAPAKA MANDAL, occ ...PETITIONER AND „OBR. PR*06SH, 1.THE STATE OF PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, AMARAVATHl, GUNTUR DISTRICT. PANCHAYAT VELAGAPUDl, THULLUR MANDAL, Z.P.COMPOUND, ENGINEER, PANCHAYAT CIRCLE, RAJ 3 SUPERINTENDING KAKINADA DISTRICT, KAKINADA. 4.EXECUT1VE ENGINEER, PANCHAYAT RAJ (PIU) KAKINADA DISTRICT, KAKINADA. division ...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 tomay be pleased to issue a Writ, Order, particularly one in the nature of WRIT OF MANDAMUS or Direction or any other appropriate writ or direction declaring the filed declaring the action of the respondent authorities in not accepting and not opening the Petitioners tender/bid vide Bid No. ENCR-141262-1, dated 16/05/2025 for the tender Contract work AP05PVT14- L021-Bhagavanthapuram to Kotha Karmakonda of Kunavaram Mandal Est cost of Rs.590.00 lakhs without assigning any proper reasons is illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and pass such more 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 may be pleased to direct the respondents to consider representation dated 08-07-2025 for open his tender bid and Counsel for the Petitioner: 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: the Petitioner pass such 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18316/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the filed declaring the action of the respondent authorities in not accepting and not opening the ENCR-141262-1, dated may tender/bid vide Bid No. for the tender Contract work AP05PVT14- L021- Petitloner’s 16/05/2025 Bhagavanthapuram to Kotha Karmakonda of Kunavaram Mandal Est cost of Rs.590.00 lakhs without assigning any proper reasons is illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and pass such learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 2. Heard the The learned counsel for the petitioner submits that the petitioner is a 3. registered contractor engaged in the execution of various civil works awarded out such contract works for over 20 respondent issued an e-procurement tender work title; AP05PVT14-L021-Bhagavanthapuram to Kotha by the Government and has been carrying While so, the 3 rd years. notification bearing 4 Karmankonda of Kunavaram Mandal, with an estimated cost of Rs.590.00 Pursuant thereto, the petitioner, being fully eligible to undertake the said work, submitted his bid through the e-procurement portal under Tender I.D.No.2025_ENCR_141262_1, dated 16.05.2025, and uploaded the 22.05.2025. Subsequently, on 23.05.2025, the petitioner approached the 3'“'' respondent and submitted the relevant tender documents in physical form, thereby participating in the tender process, petitioner’s bid is not being considered by the respondents on the sole ground that the technical documents were uploaded in the second page of the PDF file, instead of the first page. Hence, the Writ Petition. lakhs. same on It is further submitted that the On the other hand, the learned Government Pleader appearing for the respondents has furnished a copy of the written instructions of the 3''^ respondent vide Lr.Rc.No.176/AEE/PVTG/AP05PVT14/2025, 21.07.2025, wherein, the relevant portion is extracted hereunder: 4. dated 3. The bidder, Sri Koppula Rama Chandra rao, Gannerukoyapadu(V), Yetapaka mandal has uploaded BG only PMGSY tenders NIC web site in First stage (tender evaluation stage) level and submitted hard copies of BG, Affidavit and credit facilities to this office as stipulated in SBD. Further bidder has not uploaded contractor Registration, PAN, GST, CA certificate, similar nature of work and other eligibility criteria required on on 5 online in PMGSY Tender NIC website, Hence evaluating the bidder technically is not possible due to above reason and he is technically not qualified. Hence there is no ambiguity regarding the non-qualification of bidder Sri K Ramachandra Rao as per the conditions stipulated in standard bidding document and in PMGSY tenders NIC web site. The evaluation of tenders for this work in the first stage (technical evaluation) as on date under process. The First two bidders qualified in First Stage. The third bidder (K. Ramachandra Ras) is not qualified. Hence the petitioner plea can't be accepted as per PMGSY Norms” Learned Government Pleader further submits that once the petitioner disqualified at the technical (1®' stage) due to lack of non-submission of documents for eligibility criteria, his bid cannot be considered for second stage (2^"' stage) financial bid. However, if the petitioner is requesting for speaking order, it will be passed after considering the material and tender of the petitioner, in terms of the tender document. 5. was Having regard to the submissions of the learned counsel for the petitioner, the learned Government Pleader for the Panchayat Raj and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the 3'^'^ respondent to consider the petitioner’s tender and pass a speaking order explaining the 6. 6 reasons for rejection of his tender at the 1®* stage with reference to the instructions submitted dated 21.07.2025, within a period of four (04) weeks from the date of receipt of a copy of this order. 7. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR r ^ SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Velagapudi, Thullur Mandal, Secretariat Buildings, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Panchayat Raj, Z.P.Compound, Opposite to Pradesh PWD Grounds, M.G.Road, Vijayawada. 3. Superintending Engineer, Panchayat Raj Circle, Kakinada. 4. Executive Engineer, Panchayat Raj (PIU) Division, Kakinada District, Kakinada. 5. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. Kakinada District, ssb HIGH COURT DATED:22/07/2025 ORDER WP NO.18316 0F 2025 0 6 SEP 2025 jii ntSectiouXi Co DISPOSING OF THE W.P. WITHOUT COSTS