APHC010466032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23615 OF 2025 Between: N Govardhana Babu, s/o Late N.B. Ramanjulu Naidu, Hindu, aged about 70 years, Occ Agriculture/Business D.No. 10-53, Kamma Street, Pakala, Chittoor District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep.by its Principal Secretary, Municipal Corporation and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Tirupati Municipal Corporation, Tirupati, Tirupati District, Repd., its Commissioner. 3. The Superintended Engineer, Tirupati Municipal Corporation, Tirupati, Tirupati District. ...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 a writ of Mandamus, declaring the corrigendum dated 28.08.2025 issued by the 2 respondent for changing the tender conditions mentioned in the Tender ID 837569, Enquiry/IFB/Tender 227/TPT/25- dated 05.08.2025 as illegal, improper, unjust, arbitrary and 26/GEN/TO, contrary to law and violative of the principles of fairness transparency and natural justice amounts to a colourable exercise of powers and violative of the fundamental rights of the Petitioner herein guaranteed under Articles 14 19 and 21 of the Constitution of India and consequently to direct to proceed with the finalization of Tender strictly in accordance with the tender conditions and eligibility criteria mentioned in Tender notice dated 05.08.2025. 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 stay all further proceedings in the Tender ID 837569, Enquiry/IFB/ Tender 227/TPT/25-26/GEN/TO, dated 05.08.2025 pending disposal of the writ Petition. Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI P VENGAL REDDY The Court made the following order: APHC010466032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] I THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23615/2025 Between: 1.N GOVARDHANA BABU, S/0 LATE N.B. RAMANJULU NAIDU, HINDU, AGED ABOUT 70 YEARS, OCC AGRICULTURE/BUSINESS D.NO. 10-53, KAMMA STREET, PAKALA, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL MUNICIPAL CORPORATION AND SECRETARIAT BUILDINGS, VELAGAPUDI, SECRETARY, DEVELOPMENT, AMARAVATHI. URBAN 2.THE TIRUPATI MUNICIPAL CORPORATION, TIRUPATI, TIRUPATI DISTRICT, REPD., ITS COMMISSIONER. 3.THE SUPERINTENDED ENGINEER, TIRUPATI MUNICIPAL CORPORATION, TIRUPATI, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV k \ The Court made the following: % THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23615 of 2Q2fi ORDER: 1. Petitioner is aggrieved by the unilateral corrigendum issued by the 2"'* respondent for the tender I.D.No.837569 dated 05.08.2025. The 2’"'^ respondent invited tender for the supply of Uniforms, Coconut Oil, Rin bar Soaps and Cheppals to the Public Health Workers Outsourcing Workers, Engineering Main Action Workers, UPS and STP workers in the 2""'respondent for the year 2024 to 2025. Public Health 2. Learned senior counsel appearing the petitioner submits that the estimated contract value was for Rs.86,86,662/- and the supplies were to be completed within a period of four months. The participants in the tender were required to complete similar works of value not less than Rs. 1,30,29,993/- and ought to have supplied the quantity as stated in the bid. The 2"^^ respondent issued a corrigendum to the tender by reducing period of supply from four months to two months and also enhanced the financial capability from Rs. 1,30,29,993/- to Rs.2,60,59,986/-. Learned senior counsel submits that the value of the bid remains same. However, apart from these modifications, the quantities have also been doubled. It is submitted by the learned senior counsel that the bidders are supposed to participate in the bid by following the E-Bid procedure and it is also submitted that the 2^^ respondent has introduced the corrigendum on 28.08.2025 and uploaded online i.e., five days prior to the last date of submission of the bids. It is submitted that the last date for submission of bids is extended from 03.09.2025 to 05.09.2025. Learned senior counsel further submits that the corrigendum introduced by the 2"^^ respondent is with a specific motive to disqualify the petitioner and to award tender to some other contractor preferred by the 2"*^ respondent. Learned Standing Counsel for 2^^^^ respondent on written 3. nd instructions submits that clause 20 of the bid document empowers the 2 respondent to modify the conditions and that the requirement of the workmen asking for supply of the material before the Diwali necessitated the issuance of the corrigendum. It is submitted that the 2^'* respondent has enhanced the financial requirement from Rs. 1,30,29,993/- to Rs.2,60,59,986/- only to ensure the timely delivery of the material within a period of two months instead of four months as was initially proposed. Learned senior counsel for petitioner on contrary submits that the 4. petitioner has the capability to supply the material as desired by the respondent by Diwali. It is submitted that the bid amount has not changed and' the value of the bid remains same. However, the eligibility conditions were enhanced only to disqualify the petitioner. In such circumstances, there is no justification in 2"^ respondent 5. enhancing the financial requirement and physical supply requirement. Considering the submissions of the petitioner that the petitioner is also eligible and capable to supply the the respondents shall consider the bidders without reference enhanced physical requirement. Standing Counsel for 2'^'^ relax .he condlHons required for eligibimy of ,he bidders in the public interest. The said condition is introduced for enabling the participation large number of bidders. However, the respondent is to marginalize and tender conditions. quantities as desired by the respondents, bid of the petitioner on par with other to the enhanced financial requirement and The clause 20 relied upon by the learned respondent would empower the 2"^^ respondent to of present attempt of the 2"^^ some of the bidders after issuance of the bid 6. On these considerations, this the writ petition can be disposed of directing the 2 the bid of the petitioner without physical requirement court is of the considered view that respondent to consider reference to the financial capability as proposed in the corrigendum dated 28.08.2025. nd and 7. Accordingly, this writ petition is disposed of. No costs. As a sequel, miscellaneous applications. pending, ^f any, shall stand Sd/- G.HELA NAIDU ASSISTANT REGISTRAR closed. //TRUE COPY// SECT OFFICER To, . The Principal Secretary, Municipal Corporation and 9 ^®^'"®t^''iat Buildings, Velagapudi, Amaravathi Municipal Corporation, Tirupati, Tirupati Urban 3. The Superintended Engineer, Tirupati Municipal Tirupati, Tirupati District. 4. One CC to Sri. Mahadeva Kanthrigala, Advocate 5. Two CCs to GP For Muncipal Admn Urban Andhra Pradesh [OUT] 6. Two CD Copies. Corporation, [OPUC] Dev, High Court of AL HIGH COURT CC TODAY DATED:04/09/2025 ORDER WP NO. 23615 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS