1 APHC010005962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 372/2025 Between: Sensa Core Medical Instrumentation Pvt Ltd ...PETITIONER AND The Andhra Pradesh Medical Services Infrastructure Development Corporationapmsidc and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 2. The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- “… pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned tender notification No 1692/APMSIDC/MEDICINEWING/2024-25 Dt 14.11.2024 issued by the 1st respondent corporation calling for tenders for procurement of surgical and consumables in so far as serial 2 No.16 item code No.5757 item name blood glucose testing strips one Glucometer free for 1500 strips is concerned without issuing purchase orders for the said product to the petitioner company for supplying the balance quantity of 2,41,87,660 Numbers lying with the petitioner company manufactured in pursuance to the purchase order No.5757/2024Q2/211/250 dated 07.08.2024 issued by the 1st respondent corporation as illegal arbitrary, violative of Arts 14 and 19(g) and 21 of the Constitution of India and consequently direct the Respondent corporation not to proceed with that tender process for the aforesaid No.16 item code No.5757 of the tender notification and pass..” 2. The case of the petitioner in brief is that the petitioner company is a manufacturer and distributor of medical equipments and have been supplying to various Government agencies. While so, the 1st respondent corporation issued offline purchase order No.5757/2024-Q2/211/250, dated 07.08.2024 for supply of item Code No.5757, item name: blood glucose testing strips at the rate of Rs.2.57 paise per unit with the total quantity of 3,94,54,340/- with a total value of Rs.10,13,97,654/-. In pursuance of the said purchase order, the petitioner has manufactured the strips with the name and logo as “AP Government Supplies not for sale” and addressed a letter, dated 29.08.2024 informing that they have manufactures total quantity and requested to issue the distribution list to supply to the various central drug stores. Thereafter, the petitioner has made a representation, dated 30.08.2024 to the 1st respondent stating that they had manufactured the strips as per the requirement/purchase order, hence requested to release the order for balance quantity of 2,41,87,660 number of strips. But the respondents has issued the impugned tender notification No.169- 1/APMSIDC/MEDICNE WING/2024-25, dated 14.11.2024 calling tenders for supply for various products including item code No.5757, item name blood 3 glucose testing strips at Serial No.16 of the tender notification. The petitioner again made a representation, dated 28.11.2024 stating that when balance strips are with the petitioner to be ordered by the corporation, they cannot go for tender of the said product and requested to place the order immediately. But the respondents have not considered the same. Hence, the present Writ Petition is filed. 3. Heard Mr K.Naga Phanindra, learned counsel appearing on behalf of Mr K.Rathangapani Reddy, learned counsel for the petitioner and the learned Government Pleader for Medical Health and Family Welfare appearing for the respondents. 4. On hearing, learned counsel for the petitioner submits that though the petitioner company has manufactured the strips as per the purchase order, dated 07.08.2024 and made a representation, dated 28.11.2024 requesting to release the order for balance quantity as the balance blood glucose testing strips are with the petitioner company. But without considering the same, the 1st respondent has issued the impugned Tender Notification No.169-2/APMSIDC/MEDICNEWING/2024-25, dated 14.11.2024 calling for tenders for procurement of blood glucose testing strips which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to issue appropriate orders. 4 5. Learned Government Pleader for Medical Health and Family Welfare appearing for the respondents has furnished a copy of the E-mail sent by the 2nd respondent to the petitioner, wherein it is stated as follows:- “ As per the approval of the Managing Director, APMSIDC, we have extended the Rate Contract for Blood glucose strips in T.No.124-6 for another 6 months i.e, 31.06.2025”. Basing on the same, learned Government Pleader for Medical Health and Family Welfare requests to dismiss the Writ Petition. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Medical Health and Family Welfare, as the 2nd respondent has extended the rate contract for blood glucose strips in T.No.124-6 till 31.06.2025, in the opinion of this Court, no cause survives in the present Writ Petition for adjudication and it may be closed. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 10.01.2025 TM 5