APHC010253052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12604/2025 Between: 1. TALARI DHARMENDRA KUMAR,, S/O NAGARATNAM, AGED ABOUT 57 YEARS, OCC DIET CONTRACTOR, R/O D.NO. 3-11-36, KONDAIAHPETA, PEDDAPURAM TOWN, PEDDAPURAM MANDAL, KAKINADA DISTRICT. ERSTWHILE EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED PRINCIPAL SECRETARY, MEDICAL FIS HEALTH DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT DIET MANAGEMENT COMMITTEE, REPRESENTED BY JOINT COLLECTOR, O/O DISTRICT COLLECTORS OFFICE, KAKINADA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT 3. THE DISTRICT COORDINATOR HOSPITAL SERVICES, KAKINADA, KAKINADA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT 4. THE COMMUNITYHEALTH CENTRE, PEDDAPURAM, KAKINADA DISTRICT (ERSTWHILE EAST GODAVARI DISTRICT) REPRESENTED BY MEDICAL OFFICER. 5. M/S K PATTABHIRAMAIAH, S/O SATYANARAYANAMURTHY, AGED ABOUT 50 YEARS, OCC DIET CONTRACTOR, C/O SUPERINTENDENT, THE COMMUNITY HEALTH CENTRE, PEDDAPURAM, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). CAUSE TITLE IS 2 AMENDED AS PER THE COURT'S ORDER DT.21.08.2025 IN I.A.NO. 02 OF 2025. ...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 a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 and 3 in allotting diet contract in favour of the Respondent No.5 vide Rc.No.2039/A2/2025, dated 29.03.2025 and the diet agreement being entered between the Respondent No.2 and Respondent No.5 on 08.04.2025 purely in deliberation, in biased approached in violating the tender notification conditions issued petitioner being the successful tenderer 13.03.2025 despite the as nothing but illegal, arbitrary, erroneous, highhanded and violative of Article 14, 16 and 21 of The Constitution of India and consequently set aside the proceedings issued by the Respondents 2 and 3 in favour of Respondent No.5 vide proceedings in Rc.No.2039/A2/2025, dated 29.03.2025 and allot the diet contract issued vide 13.03.2025 in favour of the Petitioner and 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 suspend the operation of the proceedings issued by the Respondent No.3 in Rc.No.2039/A2/2 025, dated: 29.03.2025 issued in favour of the Respondent No.5, pending disposal of the main writ petition and pass IA NO: 2 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 amend the Cause title of the Respondent No. 5 as M/s K.Pattabhiramaiah S/o Satyanarayana Murthy, Aged about 50 years, Occ: Diet Contractor, C/o Superintendent, the Community Health Centre, Peddapuram, Kakinada District, (Erstwhile East Godavari District) in the place of Original cause title as M/S K.Pattabhiramaiah S/o Satyanarayanamurthy, Aged about 50 years, Occ; Diet Contractor, R/o D.no 1 -220/ 2 ,Ramanayyapeta, Kakinada Rural Mandal, Kakinada District, (Erstwhile East Godavari District) and pass 3 Counsel for the Petitioner: 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 2. B V ANJANEYULU The Court made the following: ORDER:- Heard Sri A.K.Kishore Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Medical Health and Family Welfare appearing for the respondent No.1 and Sri B.V.Anjaneyulu, learned counsel for the respondent No.5. 2. Challenge in the writ petition is to the action of the respondents in awarding the diet contract in favour of the 4th respondent, despite the fact that the 5th respondent is not eligible to be awarded the contract as per the notification issued calling for tenders vide Diet Contract Notification dated 13.03.2025. 3. It is contended that the respondents, in violation of the tender conditions, awarded the contract in favour of the unofficial respondent No.5. The violation pointed out by the petitioner is that the unofficial respondent No.5 did not submit the EMD for participating in the tender process. The unofficial respondent No.5 was impleaded vide order of this Court dated 21.08.2025, and he filed a counter affidavit stating that the EMD was not submitted. It is further contended by the unofficial respondent No.5 4 that the respondents have allowed him to participate in the tender process despite his failure to submit the EMD. He further stated that he had been informed that after finalisation of the bid, he can submit the EMD. 4. Considered the submissions. 5. Having regard to the contentions advanced, this Court is of the view that the subject tender notice specifies that a demand draft should accompany each tender document. For the Community Health Centre, it is Rs.0.50 lakhs (Fifty Thousand). As noted in the tender notice, the tender evaluation process commences with the opening of Cover-1, which should contain the covering letter, all supporting documents, and the DD for EMD. Cover-1 will be opened in the presence of the tenderers' representatives. The tenderer's name, the hospital's name, and the details of the EMD paid would be announced at the opening of Cover-1. 6. Clause 5 (A) (ii) of the tender notification specifies that EMD, if it is not paid or the requisite documents are not submitted or are incomplete in any respect, would be considered as non-responsive. The bidder shall be liable for rejection. 7. Having regard to the same, in the facts of the present case, as the 5th respondent did not submit the EMD, the respondents ought not to have declared the 5th respondent as the successful bidder. 8. In view of the same, this Court deems it appropriate to dispose of the writ petition setting aside the proceedings awarding contract in favour of the 5th respondent vide Rc.No.2039/A2/2025, dated 29.03.2025. The 5 respondents shall issue fresh tender notification within a period of four (4) weeks from the date of the receipt of the order. The respondents are at liberty to continue the unofficial respondent No.5 to supply the diet to the subject hospital till the completion of the tender process. Needless to observe that the entire process of issuance of tender finalization shall be completed within a period of two (2) months from the date of receipt of the order. 9. With the above observations, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:06.11.2025 ANI 6 208 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.12604 of 2025 Date:06.11.2025 ANI