Extracted from the PDF above. The PDF is authoritative.
APHC010481782025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25764 OF 2025 Between:
1. PULIPATI CHANDRA SEKHAR, S/o Srinivasa Rao, Age 28 Years, R/o D.No. 112-5-1441, Chandra Rajesh Nagar, 4th Lane, RVR College Road, Chowdavaram, Guntur District. ...Petitioner AND
1. THE STATE OF AP, Rep. by its Principal Secretary, Transport Roads and Buildings Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Transport Department, Transport Commissioner AP, Government of Andhra Pradesh, P.N. Bus Station Complex, NTR Administration Block, 3 Floor, Vijayawada, Andhra Pradesh. ...Respondents Counsel for the Petitioner: ARUN SHOWRI G Counsel for the Respondents: GP FOR TRANSPORT The Court made the following ORAL ORDER:
Heard Sri G. Arun Showri, learned Counsel for the Writ Petitioner and Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings, Transport and Labour. 2. The present Writ Petition is filed seeking following relief :
“…….to issue any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus challenging the action
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of the respondents in not calling the fresh tenders despite cancelling the Preliminary Registration Certificates issued to those successful bidders, who failed to establish and operationalize Automated Testing Stations (ATS) within the stipulated time period in the Districts of Dr.B.R.Ambedkar Konaseema, West Godavari, Eluru, Kirshna, Bapatla, Palnadu, P.S.Nellore, Prakasam and Tirupati, as illegal, arbitrary and violation of Article 14 and 21 of Constitution of India and consequently direct respondents to call for fresh tender (re- tender) process and allow eligible new bidders, including the Petitioner to participate in the establishment of ATS in the aforementioned district and pass….”
3. The prayer sought in the Writ Petition would indicate that the Preliminary Registration Certificates which were issued as a sequel to the earlier tender condition have been cancelled and the aggrieved parties have preferred Appeals. 4. The present Writ Petition seeks a Mandamus against the Government to compel the Government to issue fresh tender notification, inasmuch as the present status-quo cannot be continued in the public interest, where the Automated Testing Stations (ATS) are not in operation due to the pendency of the Appeal. 5.
This Court is of the considered view that the Mandamus sought by the Writ Petitioner cannot be granted by this Court, inasmuch as the Court cannot compel the Government to issue a tender notification or, in contrast, direct the Government to issue a tender notification, inasmuch as such directions are not within the domain of the Writ Court. 6. In this view of the matter, this Writ Petition is not maintainable. Accordingly, this Writ Petition is dismissed. No Order as to Costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 25.09.2025 JKS
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No. 25764 OF 2025
25.09.2025
JKS