IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / THURSDAY, THE TWENTY THIRD DAY OF JANUARY lit TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27270 OF 2024 Between: Konduru Pedda Obulesu, S/o. K. Ramudu, Aged about 49 years, R/o. 1/91 Main Road, VTC Thondur, YSR Kadapa. ...PETITIONER AND 1. The Andhra Pradesh State Road Transport Corporation, Rep., by its Executive Director (Operations) Operations (PLG) Department, RTC House, Vijayawada. 2. The Andhra Pradesh State Road Transport Corporation, Rep., by the Accounts Officer, Sri Sathya Sai District Office, Sri Sathya Sai District (Ananthapur District). ...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 an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent Corporation in not issuing allotment letter to the petitioner for the lot Nos. 9 and 10 of Dharmavaram Depot, Sri Sathya Sai District ( Erstwhile Ananthapur District) as per the proceedings dated 26.3.2024 and 08.05.2024 as arbitrary, illegal, null and void, against the Norms .of Public Policy and Principles of Natural Justice and violative of Article 14 of the Constitution of India and to issue consequential direction directing the respondent Corporation to issue allotment letter in favour of the petitioner. more il*. : 1 OF 2024 & \ - ’Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent Corporation to issue allotment letter in favour of the petitioner for the lot Nos. 9 and 10 of Dharmavaram Depot, Sri Sathya Sai District (Erstwhile Ananthapur Di.strict) as per the proceedings dated 26.3.2024 & 08.05.2024, pending disposal of the above writ petition. Counsel for the Petitioner : SRI VENKATESWARA RAO GUDAPATI Counsel for the Respondents: SRI SANISETTY VENKATESWARLU SC For APSRTC The Court made the following: ORDER 1 APHC010523502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27270/2024 Between: Konduru Pedda Obulesu ...PETITIONER AND The Andhra Pradesh State Road Transport Corporation ...RESPONDENT{S) and Others Counsel for the Petitioner: 1.VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): I.SANISETTY VENKATESWARLU SC For APSRTC 2 JUSTICE VENKATESWARLU NIMWIAGADDA THE HONOURABLE SRI WRIT PETITION NO.27270/2024 This Court made the following ORDER: Article 226 of the Constitution of India This writ petition is filed under seeking the following relief; ?e"n"cCSior,o Issue allotment letter in favour of the petitioner and to pass....” 1. in is that the Respondent No.1 issued MSTC- The case of the Petitioner is 2. P9/359(1)/2024-OPD(P) inviting tenders vide notification for hiring of buses in the 26 Districts in the above tender and VII Tender vide No. dated 17.02.2024 calling for applications totaling 541 lots. The Petitioner had participated Sri K.A. Kumar Reddy, who stood stood as L2. After opening of the tenders had filed representation before the authorities on Thereafter the Respondent authorities took a decision 20.03.2024 and as LI, withdrawn his tender, for considering the L2 in respect of other proceedings were issued on lots and negotiated and accordingly But so far the 26.03.2024 and 08.05.2024. ::3:: Respondent Authorities have not issued allotment letter. The learned counsel submits that, pursuant to the proceedings of executive director dated 26.03.2024 where it states that when the L1 bidders were withdrawn, the L2 bidders would be considered and they were issued proceedings to that effect and also entered agreements, considered nor issued permit proceedings on par with others. By that the respondents have violated the Article-14 of the Constitution of India. Hence But petitioner being L2 was neither the Writ Petition. 3. Respondent No.2 filed counter affidavit in connected W.P.No.19860 of 2024 and contended that after examination of the complaints received from the other bidders, the competent authority did not consider for issuance of allotment letters to the Petitioner herein-L2 bidder for 24 lots. 4. Heard Sri Gudapati Venkateswara Rao, learned counsel for the Petitioner and learned Standing Counsel for Respondent Corporation and perused the material placed on record. 5. While perusing the material placed on record, it is observed that the Petitioner was L2 bidder in respect of two lots (Lot Nos.9 and 10 of Dharmavaram Depot, Sri Sathya Sai District (Erstwhile Ananthapuram District). As per the directions of 1®' Respondent dated 26.03.2024 the 2 nd ::4:: Respondent negotiated with the L2 bidders including the Petitioner and submitted compliance report on 04.04.2024 to the 1®' Respondent but no instructions were issued by the 1®' Respondent for issuance of allotment letters to the L2 bidders in respect of 24 lots which are subject matters of letter dated 26.03.2024. As contended by the learned counsel for the Petitioner the bid price of 6. the Petitioner is competitive and less than the indicative price in respect of the subject lots (Lot Nos.9 and 10 of Dharmavaram Depot, Sri Sathya Sai District (Erstwhile Ananthapuram District). As such, the Petitioner shall be issued letter of allotments in respect of the 2 lots out of 24 lots is valid and sustainable since the claim of the Petitioner is in accordance with the terms of the proceedings of the 1®^ Respondent dated 26.03.2024. It is further observed that as per the claim of the Petitioner whoever classified as L2 bidders in respect of 24 lots of K.A. Kumar Reddy were given letter of allotments but the Petitioner was denied, which is nothing but violation of Article 14 of the Constitution of India. As contended by learned Standing Counsel that in absence of any letter of allotment issued in favour of the Petitioner or any agreement entered 7. with the Petitioner do not have any vested right to claim or to enforce the proceedings of the 1®* Respondent dated 26.03.2024 is legally valid and tenable. But the respondents being public authority cannot be permitted to 5 violate the Article 14 of the Constitution of India. Learned Standing Counsel categorically denied the contention of the Petitioner that other than the Petitioner who are classified as L2 bidders in respect of 24 Lots of K.A. Kumar Reddy were issued letters of allotment. As such, the Corporation has right to reject any bid or cancel any selected lots without assigning any reasons at any stage is subject to rights of the Petitioner guaranteed under Article 14 of the Constitution of India. In view of the foregoing discussion, if the Respondent Nos.1 and 2 issued any letters of allotment in favour of L2 bidders pursuant to the proceedings dated 26.03.2024 in respect of 24 lots of K.A. Kumar Reddy, the Petitioner is also entitled for issuance of letters of allotments on par with them. However, if respondents not issued any letters of allotment in favour of any of the L2 bidders in respect of 24 lots of K.A. Kumar Reddy, the Respondent Nos.1 and 2 are empowered to cancel the selection process pursuant to the proceedings dated 26.03.2024. Accordingly, the Writ Petition is disposed of. No costs 8. 9. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// ' SECTI OFFICER To, P'''®ctor (Operations) Operations (PLG) Department Vijayawada*^^^^ Transport Corporation, RTC House, 4 2. The Accounts Officer, Andhra Pradesh State Road Transport Corporation, Sri Sathya Sai District Office, Sri Sathya Sai District (Ananthapur District). 3. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC] 4. One CC to Sri Sanisetty Venkateswarlu, SC for APSRTC [OPUC] 5. Three C.D. Copies. Cnr * HIGH COURT DATED:23/01/2025 ORDER WP.No.27270 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS