APHC010599302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31173/2024 Between: M/s. M S Traders ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) 2. GP FOR SCHOOL EDUCATION The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.31173 of 2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in imposing onerous condition No.1 that intending bidder should have three years ITR with every year turn over of Six Crores or more and condition No.3 the Bidder should have pay 5 percent Security deposit or Bank Guarantee along with tender form in tender notification vide Rc. No. 1902/A3/KGBV/provisions/2024 dated 23.12.2024 for supply of provisions, vegetables, fruits, eggs and chicken to 26 KGBV schools and 16 Girls hostels of AP Model Schools for the year 2024-25 in the Kurnool District as illegal, arbitrary, unreasonable, discrimination and also violation of principles of natural justice and also no uniformity among the districts and violation of Article 14, 19 and 21 of the Constitution of India and Consequently direct the respondents to accept the tender of the petitioner without insisting condition No.1 and 3 of tender notification vide Rc. No. 1902/A3/KGBV/provisions/2024 dated 23.12.2024 and other reliefs and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3 3. The respondents 2 and 5 are invited tenders from bidders for supply of provisions, vegetables, fruits, eggs and chicken to 26 KGBV schools and 16 Girls hostels of AP Model Schools for the year 2024-25 in the Kurnool District vide tender notification in Rc.No.1902/A3/KGBV/ Provisions/2024, dated 23.12.2024. The conditions 1 and 3 in the tender notification, the bidder should have three years ITR with every year turnover of six crores and more and the bidder should have pay 5% security deposit or bank guarantee along with tender form, are assailed in the present writ petition. 4. This Court vide order, dated 30.12.2024 directed the respondents to allow the petitioner to participate in the said tender. Accordingly, the respondents are permitted the petitioner to participate in the tender opening process on 31.12.2024 along with other bidders. 5. The Additional Project Coordinator, A.P.Samagra Siksha, Kurnool has addressed a letter, dated 25.01.2025 to the Standing Counsel for A.P.Samagra Siksha in High Court of Andhra Pradesh, Amaravathi, which forms part of the record. As seen from the said letter, it transpires that a file was circulated to the Joint Collector and Chairman, District Purchase Committee, A.P.Samagra Siksha, Kurnool with a request to permit for revised tender terms for removal of the 5% bank guarantee requirement at the time of tender submission, with the aim of encouraging greater participation and the same will be finalized 4 within a short period of time under the chairmanship of Joint Collector, Kurnool. 6. In view of the above circumstances and as the petitioner is permitted to participate in the tender process, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 27.01.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.31173 of 2024 Date : 27.01.2025 SPP