APHC010370482025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19041 OF 2025 Between: Parepalli Naga Venkata Sesha Uday Kumar, S/o. Venkata Rama Krishna Prasad, aged about 40 years, R/o. Lakshmi Prasad Nilayam Apartment, Bhavani Nagar, 1/3 Line, Inner Ring Road, Guntur, Andhra Pradesh Gorantia, ...Petitioner AND State of Andhra Pradesh, Rep by its Principal Secretary to B Department, Block No. 5, A.P. 1. The Government, Transport, R and Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Transport Commissioner, O/o. Transport Commissioner AP, P.N. Floor, Station Complex, NTR Administration Block, 3rd Bus Vijayawada, Andhra Pradesh. 3. Vasireddy Aqua Park, Represented by its Director Vasireddy, Address 810-3, Yazali, Karlapalem, Bapatia, Andhra Pradesh. ...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 Writ of Mandamus directing the Respondent No. 1 and 2 pleased to Issue a to Cancel the LOI issued in favor of Respondent No. 3 for non-compliance and Initiate re-tendering for the ATS at Bapatia District as per RFP guidelines. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to in the affidavit filed in Consider the petitioner’s representation dated 25-06- 2025 to the Respondent No. 1&2 for fair participation for Initiate re-tendering for the ATS at Bapatia District pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATESH KOSARAJU Counsel for the Respondent Nos. 1 and 2: GP FOR ROADS BUILDINGS Counsel for the Respondent No. 3: SRI MULLA SOHAIL SHAREEF The Court made the following order: APHC010370482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY. THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19041/2025 Between: 1.PAREPALLI NAGA VENKATA SESHA UDAY KUMAR, S/0. VENKATA RAMA KRISHNA PRASAD, AGED ABOUT 40 YEARS, R/O. LAKSHMI PRASAD NILAYAM APARTMENT, BHAVANI NAGAR, 1/3 LINE, INNER RING ROAD, GORANTIA, GUNTUR, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. TRANSPORT, B DEPARTMENT.BLOCK NO. 5, A.P. VELAGAPUDI, GUNTUR DISTRICT, R AND SECRETARIAT, ANDHRA PRADESH. 2.THE TRANSPORT COMMISSIONER, , 0/0. TRANSPORT COMMISSIONER AP, P.N. BUS STATION COMPLEX, NTR ASMINISTRATION BLOCK, 3RD FLOOR, VIJAYAWADA, ANDHRA PRADESH. REPRESENTED BY ITS ADDRESS 810-3. YAZALI, 3.VASIREDDY AQUA PARK, DIRECTOR VASIREDDY, KARLAPALEM, BAPATLA, ANDHRA PRADESH. ...RESPONDENT(S): 2 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 tomay be pleased Issue a Writ of Mandamus directing the Respondent No. 1 and 2 to Cancel the LOI issued in favor of Respondent No. 3 for non-compliance and Initiate re-tendering for the ATS at Bapatia District as per RFP guidelines and pass such other order or orders may deem fit in the interest of justice and proper in the circumstances of the case. lA NO: 1 OF 2025 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 may be pleased to Consider the petitioner’s representation dated 25-06- 2025 to the Respondent No. 1&2 for fair participation for Initiate re-tendering for the ATS at Bapatia District pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1.VENKATESH KOSARAJU Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.MULLA SOHAIL SHAREEF 3 made the following ORAL ORDERj The Court Heard Sri Kosaraju Venkatesh, learned Counsel for the Writ Government Pleader for Roads and learned Counsel for the Petitioner, Sri Y. Balaji, learned Sohail Shareef Building and Sri 3'"^ Respondent. is filed seeking the following relief; The present Writ Petition is 2. “p/eased io issue a Writ of Mandamus directing tL Respondent Nos. 1 and 2 ic^sued in favor of Respondent No.3 or nonoomplianoe and Initiate ^3 ATS at Bapatia Distnct as per RFP WWelines and pass such other order or interest of justice and proper in tne in the circumstances of the case. that he had participated in Tender Notification issued by It is the case of the Writ Petitioner 3. the bidding process with regard to a Government ot Andhra Pradesh for the Automated Testing the Department of Transport successful bidder to establish an selection of Station in Bapatia District, and eight bidders have participated issued on The said Tender was in the same. The bids will have to be Bid and Financial Bid. who are 21.03.2025 indicate that two separate scheme would submitted by each bidder I.e., Technical Bid will be opened and the persons considered tor the Financial Firstly, Technical qualified In the Technical Bid, would be Bid. Two persons Respondent No.3 had been declared as the Unofficial a successful bidder (H1). In qualified and out of them were 4 respect of the Bapatia District, Preliminary Registration Certificate (PRC) vide R.No.18021/25/2024/RSC dated 16.04.2025 was issued to the Unofficial Respondent No.3 (successful bidder) for the period from 16.04.2025 to 15.10.2025 to establish ATS Center at the premises of Survey No.658-6 B3, Chandolu Village, Pittlavari Palem Mandal, Bapatia District. 4. The present Writ Petition is filed challenging the appointment of Unofficial Respondent No.3 with further direction to do re-tendering on the ground that the Unofficial Respondent No.3 has failed to submit the Application for Preliminary Registration certificate (PRC) on NSWS Portal within 15 days from the date of issuance of Letter of Intent (Lol). 5. Sri Y. Balaji, learned Government Pleader for Roads and Building submitted the Written Instructions dated 23.07.2025, furnished by the Deputy Transport Commissioner. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the Unofficial Respondent No.3 and the same is taken on record. The relevant Written Instruction is usefully extracted 6. hereunder: “It is further submitted that, a Show Cause Notice, vide Ir. R.No.18021/25/2024/RSC dt 24-05-2025, issued to "M/s VASIREDDY AQUA PARK", as the successful bidder not fulfilled the conditions mentioned in LOA. was 5 The /'“S/ngfteSS" erport explanation °“^e DTO Bapaf/a, accepted of the new premises from t a^d /ssued the PRC is valid upto15-10-20^ y '? District", to Transport Commissioner examined and It is ZceittdiXe office of the adfon - b?<at<en as per rates in force on necessary Unofficial Respondent inasmuch as The learned Counsel appearing for the 7. it Petitioner has no locus Technical Bid and therefore, would submit that the Writ got disqualified i No.3 in the Writ Petitioner cannot challenge the appointment of the successful bidder. Learned submit that even if the the Writ No.3 would also No.3 gets disqualified Counsel for the Respondent Unofficial Respondent cannot get any relief, inasmuch as there is a bid of Petitioner (M/s.VredExim) in the present Tender. qualified H2 I the Writ Petitioner does submissions that he has been bid of the Unofficial In view of the above not have locus, inasmuch as also that even if the 8. disqualified in Technical Respondent No.3 Bid and (H1) is cancelled, there is no chance to the Writ Petitioner ever being considered because M/s. Vred Exim had got qualified as H2. 9. Having regard to the these facts, this Court is not inclined to go into the merits of the matter to see whether the Unofficial Respondent No.3 has committed conditions or not, inasmuch any breach of the Tender as only a competent person challenge the said appointment. Admittedly, the H2 has not been can approached this Court to challenge the issuance of Lol in favour of the Unofficial Respondent No.3. This apart, the Writ Petitioner has not arrayed M/s. Vred Exim (H2) as Party-Respondent in this Writ Petition. In this view of the matter, the Writ Petition is devoid of any merits. 10. Accordingly, the Writ Petition is dismissed. There shall be order as to costs. no 11." As a sequel, miscellaneous applications pending, if any, shall stand closed. / Sd/- N riAGAMWlA assistant registrar //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Venkatesh Kosaraju Advocate [OPUC] 2. One CC to Sri. Mulla Sohail Shareef Advocate [OPUC] 3. Two CCs to Pradesh [OUT] 4. Two CD Copies GP for Roads and Buildings, High Court of Andhra GSC i HIGH COURT DATED:24/07/2025 ORDER WP NO. 19041 OF 2025 DISMISSING THE WP WITHOUT COSTS