r 1 V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21315 OF 2024 Between: M/s Veltech Enterprises, D.No.47-11-1/2, Shop No.4, Ground Floor, Eswar Arcade, Dwarakanagar, 1st Lane, Visakhapatnam District, Rep.by its Proprietor, Velicheti Venkata Lakshmi Narayana, S/o.late V.Venkata Narayana, Aged About 70 years, R/o.D.No. 1-2-33/94/A, Prasanth Nagar Colony, Nizampet Road, Kukatpally, Hyderabad-85. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Animal Husbandry Department, Secretariat, Amaravathi, Guntur District. 2. The Director, Government of Andhra Pradesh, Animal Husbandry Department, Vijayawada, Krishna District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, (i) declaring the communication through an e-mail dated 17-09-2024 by the 2nd respondent herein, thereby the submission of samples from the petitioner firm will not be accepted as illegal, arbitrary, unreasonable, discriminatory and violative of Articles 14, 19 (1)(g) and 21 of the Constitution of India, (ii) declaring the proceedings in Lr.No.AHF02-32/91/2021-EPID SEC- DAH dated 25-11-2021 wherein the 2nd respondent herein intimating the petitioner that the petitioner will be blacklisted from participating in subsequent tenders called by Animal Husbandry Department until further orders which was issued without issuing any notice or without giving any opportunity to the petitioner as illegal, arbitrary violative of Articles 14, 19(g) and 21 of the Constitution of India- unreasonable and (iii) Consequently to direct the Respondents herein to accept the samples of the petitioner to the Bid submitted by the Petitioner herein vide reference No.873771-1 to the Tender ID.No.746237 for supply of Veterinary and Artificial Insemination Equipment, Veterinary Diagnostic and Laboratory Needs and Miscellaneous Items for a period of (2) years (2024-25 & 2025-26) without reference Lr.No.AHF02-32/91/2021-EPID SEC-DAH dated 25-11-2021 to the proceedings in and pass lA NO: 1 OF 2024 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 herein to submitted by the Petitioner herein vide reference Tender ID.No.746237 for supply of Veterinary and Artificial Insemination Equipment, Veterinary Diagnostic and Laboratory Needs and Miscellaneous Items for a period of (2) years (2024-25 & 2025-26) without reference accept the Bid No.873771-1 to the to the r ' proceedings in Lr.No.AHF02-32/91/2021- EPID SEC-DAH dated 25-11- 2021, pending disposal of the writ petition. lA NO: 2 OF 2024 Petition under Section 151 CPC is filed praying that circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to finalize the Tender ID.No.746237 for supply of Veterinary and Artificial Insemination Equipment, Veterinary Diagnostic and Laboratory Needs and Miscellaneous Items for a period of (2) years (2024-25 & 2025-26) until disposal of the representations dated 29-11-2011, 01-08-2022 and 14-08-2024 submitted by the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRI. P DURGA PRASAD in the Counsel for the Respondents: GP FOR ANIMAL HUSBANDARY The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION No.21315 of 2n?d RAO ORDER: The present Writ Petition Constitution of India for the following relief: issue a Writ of Mandamus direction, ” communication through an e-mail dated 17,09.2024 by 3nd 21 of the Constitution of India' ' is filed under Article 226 of the or other appropriate writ, order or Lr.No.AHFO2-32/91/2021-EPID SEC =£!2a=— III) consequently to direct the Respondents herein to accept the samples of the petitioner to the Bid submitted by the PeW oLr suToTv nf T^^der ID.No 746237 for ppy of Veterinary and Artificial Insemination Equipment Veterinary Diagnostic and Laboratory Need§ and Miscellaneous eference to ^hror"^ ^ without SEC-MH dLd 25,Tl,“o2t®' ''°^^^™2-32/91/2021.EPID and pass such other order or orders 2. The respondents have filed their counter and at paragraph No 10 ^of the counter, it is stated that in view of the completion of the tflack listing period of three term years by 24.11.2024, the department iIS hereby revoked the black listing of M/s. Veitech Enterprises, Hyderabad 2 .s and allowed to participate in subsequent tenders of department vide Lr.Roc.No.AHF02-32/91/2021-EPID SEC-DAH dated 28.11.2024. 3. The contention of the learned counsel for the petitioner is that the petitioner has been in black listed without following the procedure as established by law and the petitioner has submitted tender 17.09.2024. Hence, it is prayed to direct the respondents to consider the case of the petitioner to allow to participate in the tender floated by the 2'""' respondent. on 4. The learned counsel for the petitioner would submit that as per the proceedings of the 2""* respondent dated 25.11.2021, the petitioner was not black listed and he would take this Court to the proceedings of the 2"^ respondent and the relevant portion of the same is extracted hereunder for the facility of disposal of the Writ Petition: "The Department hereby inform that M/s. Veltech Enterprises will be blacklisted from participating in subsequent tenders called by Animal Husbandry Department as per the T&C of the Agreement until further orders." As seen from the proceedings dated 25.11.2021 of the 2""^ respondent, the petitioner will be black listed from participating in subsequent tenders. On perusal of the said proceedings dated 25.11.2021 of the 2'^'^ respondent, it also does not indicate a particular period for blacklisting the petitioner as on the date of proceedings dated 25.11.2024. 5. 3 As the petitioner was not black listed, the respondents herein are hereby directed to consider the case of the petitioner to allow to participate in the tenders floated by the respondents for the year 2024- 25 and 2025-26 for supply of Veterinary and Artificial Insemination Equipment, Veterinary Diagnostic and Laboratory Needs and Miscellaneous Items for the period of two years, i.e., 2024-25 and 2025- 6. 26. Accordingly, the Writ Petition is disposed of. There shall be no I order as to costs. 7. As a sequel thereto. Interlocutory Applications pending, if any shall stand closed. Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Animal Husbandry Department, Secretariat, Amaravathi, Guntur District. 2. The Director, Government of Andhra Pradesh, Animal Husbandry Department, Vijayawada, Krishna District. 3. One CC to Sri. P Durga Prasad, Advocate [OPUC] 4. TwoCCsto GPfor Animal Husbandry ,High Court Of Andhra Pradesh. [OUT] 5. Three CD Copies vna HIGH COURT DATED:05/02/2025 ORDER WP.No.21315 of 2024 r o X 0 6 FEB 2025 ^ . Current Section ^ £gSPATC»^^g!<^" DISPOSING OF THE WRIT PETITION WITHOUT COSTS