APHC010480962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) jr THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24454 OF 2025 Between: Sree Vinayaka Agencies, Rep. by its Proprietor, D.No. 19-10-25, New Indira Nagar, Air Bypass Road, Tirupathi, Chittoor District-517501 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Corporation and Urban Development Department Secretariat, at Velagapudi, Amaravathi, Guntur District. 2. The Tirupati Municipal Corporation, Tirupati, Tirupati District, Rep by its Commissioner. ...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, Order or direction more particularly one in the nature of Writ of Mandamus challenging the action of 2nd respondent in issuing corrigendum dated 28.08.2025 for change of tender conditions mentioned in tender ID no 837569, IFB No/Tender/227/TPT/25-26/GEN/TO, dated 05.08.2025, enhancing quantities and physical supply being bad, illegal, arbitrary unjust, violative of principles fairness transparency and natural justice amounts to a colorable exercise of powers and violative of the fundamental J- rights of the petitioner herein guaranteed under Articles 14,19 and 21 of Constitution of India and consequentially to direct to direct to allow the petitioner to participate in r tender process without reference to physical requirements as proposed in corrigendum dated 28.08.2025 enhancing the quantums required then the estimated supplies. 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 leased to direct the 2nd respondent to receive the tender application and to allow the petitioner to participate in tender process vide tender ID no 837569, IFB No/Tender/227/TPT/25-26/GEN/TO, dated 05.08.2025 without reference to physical requirements as proposed in Tender Conditions, pending disposal of the Writ Petition Counsel for the Petitioner: SRI VV N NARASIMHAM Counsel for the Respondent No. 1; GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI P VENGAL REDDY SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010480962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24454/2025 Between: 1.SREE VINAYAKA AGENCIES, REP. BY ITS PROPRIETOR, D.NO. 19-10-25, NEW INDIRA NAGAR, AIR BYPASS ROAD, TiRUPATHI, CHITTOOR DISTRICT-517501 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL CORPORATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE TIRUPATI MUNICIPAL CORPORATION, TIRUPATI, TIRUPATI DISTRICT, REP BY ITS COMMISSIONER. ...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 issue a Writ, Order or direction more pleased tomay be pleased to particularly one in the nature of WRIT OF MANDAMUS challenging the action of 2nd respondent in issuing corrigendum dated 28.08.2025 for change of tender conditions mentioned in tender ID no 837569, IFB No/Tender/227/TPT/25- 26/GEN/TO, dated 05.08.2025, enhancing quantities and physical supply being bad, illegal, arbitrary unjust, violative of principles fairness transparency and natural justice amounts to a colorable exercise of and violative of the fundamental rights of the petitioner herein powers guaranteed under Articles 14,19 and 21 of Constitution of India and consequentially to direct to direct to allow the petitioner to participate in tender process without reference to physical requirements as proposed in corrigendum dated 28.08.2025 enhancing the quantums required then the estimated supplies and to pass such 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 Counsel for the Petitioner: 1.VVN NARASIMHAM Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: II2II WP.No.24454 of 2025 / THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.24454 OF 2025 ORDER: 1. The petitioner is challenging the physical requirements as notified in the tender conditions dated 05.08.2025 and the subsequent enhancement of physical quantities issued vide corrigendum dated 28.08.2025. 2. It is submitted by the leaned senior counsel for the petitioner that the 2"^^ respondent invited tender for jsupply of uniforms, coconut oil, rin bar soaps and chappal to the public health workers, public health outsourcing workers, engineering, main section workers UDFS and STP workers of the 2^^ respondent for the year 2024- 2025. 3. The learned senior counsel further submits that the petitioner is well qualified to participate in the bid and it is submitted that the initial bid had called upon the prospective bidders to meet the financial capacity of Rs.1,30,29,993/- and also mandated the prospective bidders to meet the physical requirement of supply. It is submitted that the 2^^ respondent by virtue of corrigendum dated 28.08.2025 had enhanced the financial requirement from Rs.1,30,29,993/- to Rs.2,60,59,986/-. 11211 WP.No.24454 of 2025 4. The period of supply was also reduced from four months. It is also submitted by the leaned senior counsel appearing for the petitioner that the physical quantity has also been doubled as compared to the initial physical quantity as notified in the bid dated 05.08.2025. It is submitted that the petitioner is a large establishment with annual turnover of about Rs.32,23,83,744/-. It is submitted that the quantity required for supply has been fixed at a very high bench mark by the 2'^'^ respondent and the subsequent corrigendum has increased the bench mark by double the initial physical quantity required to be supplied. It is submitted that the petitioner is meeting the financial capacity, however, the physical supply is increased only for eliminating the petitioner from participating the bid, as such he is aggrieved by the fixing of higher physical quantity required for participating in the bid and requests for a direction to permit the petitioner to participate in the bid without reference to the initial quantity of bid dated 05.08.2025 and corrigendum dated 28.08.2025. months to two 5. The learned senior counsel for the petitioner further submits this Court in WP.No.23615 of 2025 had considered the similar . issue of one of the bidder and had permitted the therein to participate in the bid without reference to the financial that petitioner HAH WP.No.24454 of 2025 capability and physical requirement as proposed in the corrigendum dated 28.08.2025. 6. The learned standing counsel for the 2'"'^ respondent submits that without reference to the enhanced physical quantity as proposed in the corrigendum dated 28.08.2025, the petitioner may be permitted to participate in the bid. 7. Considering the submissions, this Court is inclined to dispose off the writ petition directing the 2^^ respondent to permit the petitioner to participate in the bid without reference to the enhanced physical requirement as proposed in the corrigendum dated 28.08.2025 on par with the other bidders. 8. Accordingly, the writ petition is disposed off without costs. 9. Pending miscellaneous petitions, if any, shall stand closed Sd/-U.SR1 DEVS ASSISTANT REGISTRAR OFFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Corporation and Development Department, State of Andhra Pradesh, Secretariat, at Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Tirupati Municipal Corporation, Tirupati, Tirupati District, 3. One CC to Sri. VV N Narasimham Advocate [OPUC] 4. One CC to Sri. P Vengal Reddy SC for Municipal Corporation [OPUC] 5. Two CCs to GP for Municipal and admin Urban Dev, High Court of Andhra Pradesh [OUT] 6. Two CD Copies GSC Urban HIGH COURT DATED:11/09/2025 ORDER WP NO. 24454 OF 2025 DISPOSING THE WP WITHOUT COST