IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.25558 of 2025 Between: 1. K SALEENA, AGED ABOUT 48 YEARS, OCCUPATION PROPRIETOR OF M/S K.SALEENA, R/O EMM MAIN STREET, CHENNIMALAI ROAD, OPP RAILWAY STATION, ERODE-638001. ...PETITIONER AND 1. THE UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI - 110 001. 2. THE DIVISIONAL RAILWAY MANAGER, DIVISIONAL OFFICER, SOUTH CENTRAL RAILWAY, GUNTAKAL, ANDHRA PRADESH. 3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTH CENTRAL RAILWAYS, GUNTAKAL DIVISION. ANDHRA PRADESH. ...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 pleased to issue a Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, declaring the action of the respondents in issuing the impugned proceedings vide G/c 79/CATG/Milk Stall/TPTY/PF-6/2025 dt 30.07.2025 rejecting the petitioner's tender and consequently debarring the petitioner from participating in any future allotment of catering units on Indian 2 CGR,J W.P.No.25558 of 2025 railways and IRCTC ltd for a period of 5 years and forfeiting the EMD amounts and consequently set aside the impugned proceedings issued vide G/c 79/CATG/Milk Stall/TPTY/PF-6/2025 dt 30.07.2025 and direct the respondents to consider the petitioner's bids as per the procedure without reference to the impugned proceedings issued vide G/c 79/CATG/Milk Stall/TPTY/PF-6/2025 dt 30.07.2025 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interests of justice. Counsel for the Petitioner: 1. P SHASHI VARDHAN Counsel for the Respondent(S): 1.M. UMA DEVI, CENTRAL GOVT. COUNSEL The Court made the following: 3 CGR,J W.P.No.25558 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.25558 of 2025 O R D E R: Heard Sri P. Shashi Vardhan, learned counsel for petitioner, and Smt. M. Uma Devi, learned Central Government Counsel for respondents. With the consent of both counsels, the writ petition is being disposed of at the admission stage. 2. The present writ petition is filed questioning the proceedings No.G/C.79/Catg/Milk Stall/TPTY PF-6/2025 dated 30.07.2025 issued by 3rd respondent, whereby the petitioner has been debarred from participating in future tenders for five years, besides forfeiting the EMDs submitted in pursuance of tender notice dated 21.01.2025, to be arbitrary, illegal and in violation of principles of natural justice. 3. Petitioner is stated to be engaged in catering and food business and operating milk stalls under licenses awarded by various divisions of Indian Railways. The 3rd respondent has floated tenders for awarding licenses for installation and operation of modular milk stalls at Tirupati and Renigunta railway stations. In pursuance to the said tender notice dated 21.01.2025, petitioner stated to have participated in the tender process, by submitting necessary EMDs. Tenders came to be opened on 17.02.2025 and petitioner has been declared as highest bidder for platform No.6 and 4 CGR,J W.P.No.25558 of 2025 third highest bidder for platform No.1 of Tirupati Railway Station and second highest bidder for platform No.1 of Renigunta Railway Station. However, by impugned proceedings dated 30.07.2025, her bids came to be rejected and she was blacklisted and debarred from participating in future allotments of catering units in Indian Railway and IRCTC Limited for a period of five years, besides forfeiting EMDs paid. The aforesaid decision appears to have been taken on the ground that the declaration made by the petitioner in Annexure-4 of the tender document, wherein she stated that no dues were pending from her side to Railways/IRCTC as on the date of processing of the bid documents, was found to be incorrect. The 3rd respondent, upon verification, found that there were certain dues outstanding and pending since June, 2024 in respect of Palakkad (PGT) Division. Thus, the alleged false declaration has been treated as material breach, leading to the impugned action. 4. The petitioner claims that though she has not been served with aforesaid impugned proceedings, after coming to know of the same, she submitted detailed representation dated 22.08.2025 to 3rd respondent, explaining that the alleged dues with Palakkad Division of Southern Railways, in fact, were subject matter of W.P(C).No.20886 of 2024 before the High Court of Kerala, wherein an interim order has been passed, protecting the petitioner from coercive measures on condition of payment of Rs.3,00,000/-, which 5 CGR,J W.P.No.25558 of 2025 was stated to have been complied with by the petitioner. Further, the representation also tried to explain that the impugned decision was taken without prior notice or enquiry. Therefore, the present writ petition has been preferred. 5. Learned counsel for petitioner contended that the impugned order, blacklisting the petitioner from participating in future tenders, was passed without issuing prior show-cause notice, therefore, the same tantamounts to violation of principles of natural justice. He further submits that the declaration made in Annexure-4 cannot be said to be violation of tender conditions, inasmuch as on the relevant date, there were no dues payable and further, the issue of alleged dues referred to in the impugned order is sub judice before the High Court of Kerala, which aspect has not been taken into consideration. He, therefore, prays for setting aside the impugned order. 6. Learned Central Government Counsel appearing for respondents, on the other hand, submits that since the impugned order was not preceded by a show-cause notice, the same may be treated as a show-cause notice and after considering the petitioner’s objections dated 22.08.2025, the 3rd respondent would take a fresh decision in the matter in accordance with law. 7. In view of aforesaid submissions, the impugned proceedings dated 30.07.2025 is hereby set aside to the extent it debars the 6 CGR,J W.P.No.25558 of 2025 petitioner from participating in future tenders and directs forfeiture of EMDs and the said proceedings shall instead be treated as a show- cause notice. Inasmuch as the petitioner has already submitted explanation dated 22.08.2025, the 3rd respondent is directed to consider the same and pass appropriate speaking orders in accordance with law, after providing due opportunity of hearing to the petitioner. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 22.09.2025 IBL 7 CGR,J W.P.No.25558 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.25558 of 2025 Dt: 22.09.2025 IBL