1 APHC010686732022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 40886/2022 Between: 1. M/S. SRI RAJA RAJESHWARI ENTERPRISES, REP.,BY ITS MANAGER, MENNI RAKESH CHOWDARY S/O GANGARAJU AGED ABOUT 38 YEARS, R/O PLOT NO.4, PHASE NO.4, SAI SREENIVASA NAGAR COLONY, KESARAPALLI, NEAR GANNAVARAM AIR PORT, NTR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. THE SWACHA ANDHRA CORPORATION, REP., BY ITS MANAGING DIRECTOR, VIJAYAWADA. 3. THE CHIEF ENGINEER, SWACHA ANDHRA CORPORATION, D.NO.44- 60-1/14, 3RD FLOOR, ROAD NO.2,CENTRAL EXCISE COLONY, ANDHRA LOYOLA COLLEGE ROAD, VIJAYAWADA. 4. BALA BALAJI AGENCIES, REP., BY ITS MANAGING PARTNER, TR/O H.NO.40-26-16/11, PR/O.H.NO.12-1-1/ (NEW NO.4-63/0), ARUNODAYANAGAR, NAGOLE, HYDERABAD PIN 500068. 2 5. HILLOCK INFRASTRUCTURE OPC PRIVATE LTD, REP., BY ITS DRECTOR, C RAKESH REDDY, 2ND FLOOR, 129, SRIRAM NAGAR, VIJAYAWADA. 6. KAMAVIDA ENVIRO ENGINEERS P LTD, REP., BY ITS MANAGING DIRECTOR MANOHAR KRISHNA PLOT NO.2 SURVEY NO.255/1, HINJEWADI, MULSHI TALUKA, PUNE DISTRICT, MAHARASTRA- 411057. 7. UNION OF INDIA, REP., BY ITS DIRECTOR, MINISTRY OF HOUSING AND URBAN AFFAIRRS, SBM DIVISION, NIRMAN BHAVAN, NEW DELHI ...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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring Tender Notification vide NIT.No.01/ SAC/ SBM(U)/CE/SWM/RSM-OandM/2022-23 dated 10-05-2022 and consequential Award of Contract to the 4th Respondent for Operation and Maintenance of 17 numbers Truck Mounted Road Sweeping Machines with Hopper Capacity of 6cum in ULBs including fuel charges, driver, and helpers wages and all types of repairs for period from 01-06-2022 to 31-05-2023 excluding GST, and the tender condition No.3.1.13 in the Tender Notification, as arbitrary, illegal, malafide, for extraneous considerations, collusive and in violation of Article 14 and 19(1)(g) of the Constitution of India, and consequently direct the Respondnets to continue the petitioner for a further period of two years in terms of the tender conditions in the agreement dated 25-07-2017 by settingaside the tender notification NIT.No.01/SAC/ SBM(U) /CE/SWM/RSM-OandM/2022-23 dated 10-05-2022 and the award of the Tender to the 4th Respondent vide Letter of Acceptance No. SAC/ SBM (U)/SWM/RSM-OandM/2022 dated 30-08-2022 and to pass IA NO: 1 OF 2022 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 direct the Respondents to continue to operate the Road Sweeping Machines by extending the contract of the petitioner with the existing terms and conditions, by suspending the operation of the letter of acceptance SAC/SBM(U)/ SWM/RSM- 3 OandM/2022-23 dated 30-08-2022 of the 3rd Respondent given to the 4th Respondent in pursuance of tender notification NIT.No.01/SAC/SBM(U)/CE/SWM/RSM-OandM/2022-23 dated 10-05-2022 pending disposal of the above writ petition and to pass IA NO: 1 OF 2023 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 permit the petitioner to serve notice to the 4th Respondent by way publishing the same in Eenadu Telugu daily news paper of Hyderabad District edition, and Deccan Chronicle Hyderabad edition, and to pass Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. NARESH KUMAR GUNDAPU 3. CENTRAL GOVERNMENT COUNSEL The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.40886 of 2022 ORDER: 1. When the matter is taken up for hearing, learned counsel for the Petitioner(s), represented that in the light of the subsequent developments, the cause in the Writ Petition has been rendered infructuous and as such, no further orders are necessary in this Petition. 2. Recording the said submission, the Writ Petition and other miscellaneous petitions, if any, are therefore dismissed as infructuous. There shall be no order as to costs. __________________ NYAPATHY VIJAY, J Date: 10.07.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.40886 of 2022 Date: 10.07.2025 eha U