1 APHC010442302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22450/2025 Between: 1. ANS INFRA, 4-260, RADHAM STREET, DOWELSWARAM, EAST GODAVARI DISTRICT, REP BY ITS PROPRIETOR, AKULA SATISH KUMAR S/O LATE NARAYANA SWAMY, AGED 40 YEARS, OCC. BUSINESS, R/O DOWELSWARAM, EAST GODAVARI. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR, AMARAVATHI. 2. RAJAHMAHENDRAVARAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER RAJAHMAHENDRAVARAM, EG DIST., ...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 toPleased to issue Writ, Order or Direction more particularly one in the Nature of Writ of Mandamus declaring the the action of the 2nd respondent in disqualifying the petitioner pursuant to the tender notice 203/MCR/GENERAL/2025-2026 dated 07-08-2025 for engaging of Cranes launch, dust, sand bag platform and swimmers for Ganesh Nimarjanam during the year from 20-07-2025 to 18-09-2025 besides issuing corrigendum for fixing the experience is highly illegal, arbitrary, malafide, violation of Article 14 of constitution of India and contrary to the guidelines framed by the Government of Andhra Pradesh vide G.O.Ms.no. 94 dated 01-07-2003 and 2 further contrary to the CVC Guidelines and set-aside the same and consequentially direct the 2nd respondent to invite fresh tenders for the tender notice 203/MCR/GENERAL/2025-2026 dated 07-08-2025 for engaging of Cranes, launch, dust, sand bag platform and swimmers for Ganesh Nimarjanam, during the year from 20-07-2025 to 18-09-2025, in accordance with law, and to pass IA 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 pleased to grant stay of all further proceedings pursuant tender notice 203/MCR/GENERAL/2025-2026 dated 07-08-2025 for engaging of Cranes, launch, dust, sand bag platform and swimmers for Ganesh Nimarjanam, during the year from 20-07-2025 to 18-09-2025 on the file of the 2 respondent, including awarding of contract in favour of 3rd party or parties, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22450 of 2025 ORDER: 1. It is submitted by the learned counsel for the respondents that the tender was opened on 19.08.2025, the Letter of Acceptance was issued on 20.08.2025, and the agreement was concluded on 21.08.2025. 2. The learned counsel for the respondents further submits that the tender was initially floated on 07.08.2025, and the last date for submission of bids was 12.08.2025. It is alleged that the respondent authorities have modified the tender conditions to suit the requirements of a particular third party. 3. This Court, on 21.08.2025, had directed the learned Standing counsel for the respondents to ascertain and submit what prompted the respondent authorities to modify the tender conditions and to furnish a copy of the tender document. 4. The tender document, along with the general terms and conditions/eligibility criteria, has been placed before this Court and duly perused. The petitioner is stated to have submitted an experience certificate, claiming to be the Managing Partner of Akula Narayana Swamy Contractors. The present tender, however, has been submitted in the name of A.N.S., Infra, Dowlaiswaram. 5. The petitioner contends that he is the proprietor of A.N.S., Infra and claims that Akula Naryana Swamy Contractors successfully executed similar 4 works during the Ganesh Nimajjan events held in the years 2019, 2021, 2022 and 2024. 6. The learned Standing counsel for the respondents, however, submits that the petitioner lacks individual experience and is attempting to rely upon the experience of his father, who was managing A.N.S., Infra Contractors. 7. It is further submitted that the expertise required for execution of the tendered work entrusted during the Ganesh Nimajjan – demands role-specific experience, including the deployment of trained swimmers at the immersion sites. Therefore, experience was rightly made a mandatory criterion. 8. In view of the fact that the tender has already been awarded to a third party who has not been impleaded as a respondent in the present writ petition. That apart, the due date for the ensuing festival-related works is the next week. Any interference by this Court at this stage may lead to undesirable consequences. This Court is of the considered opinion that the writ petition is liable to be dismissed. 9. Accordingly the present writ petition deserves to be dismissed. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.08.2025 NKA 5 36 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22450 of 2025 Date: 22.08.2025 NKA