APHC010149022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS: 7574 & 7586 OF 2025 WRIT PETITION NO: 7574 OF 2025 Between: 1. M/S VELKO INFRATEK PROJECTS PVT LTD, H.NO 57-6-14/1, SUSHA BUILDING, PANTA KALAVA MAIN ROAD, OLD POST OFFICE STREET, PATAMATA, VIJAYAWADA, KRISHNA DISTRICT. REP. BY ITS MANAGING DIRECTOR, VELAGAPUDI RAMA RAO, S/O VEERA RAGHAVIAH, AGED ABOUT 75 YEARS, R/O D.NO 59- 10-2, GAYATRI NAGAR, VIJAYAWADA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPL. CHIEF SECRETARY, (PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT), RURAL WATER SUPPLY AND SANITATION DEPARTMENT, GOLLAPUDI, VIJAYAWADA. 2. SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, RWS AND S CIRCLE, GOLLAPUDI, VIJAYAWADA. MOBILE 9100121300 3. EXECUTIVE ENGINEER, RWS AND S(P) DIVISION, GOLLUPUDI, VIJAYAWADA. MOBILE 9100121346. 4. DEPUTY EXECUTIVE ENGINEER, RWS AND S, MYLAVARAM, KRISHNA DISTRICT. MOBILE 9100121375 2 5. THE CHIEF EXECUTIVE OFFICER CEO OF ZILLA PARISHAD, KRISHNA DISTRICT. R5 IS SUO-MOTO IMPLEADED AS PER THE COURT'S ORDER DT.21.04.2025. ...RESPONDENT(S): Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra WRIT PETITION NO: 7586 OF 2025 Between: 1. SRI. GUTTIKONDA SESHUKUMAR,, S/O VEERA RAGHAVAIAH, AGED ABOUT 56 YEARS , R/O P NO 202,ACH5AITHA RESIDENCE, BESIDE KVR COLLEGE, NANDIGAMA,KRISHNA DISTRICT, ANDHRA PRADESH-521185 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PR,RD AND RWS, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ENGINEER IN CHIEF, DEPARTMENT OF RURAL WATER SUPPLY AND SANITATION, C-BLOCK, VASUDHA SHELTERS, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA - 521225 3. THE SUPERINTENDENT ENGINEER, DEPARTMENT OF RURAL WATER SUPPLY AND SANITATION, VIJAYAWADA DIVISION, MG ROAD,OPP PWD GROUND, ZP COMPOUND,VIJAYAWADA, NTR DISTRICT, MOBILE-9100121306. 4. THE EXECUTIVE ENGINEER, DEPARTMENT OF RURAL WATER SUPPLY AND SANITATION, VIJAYAWADA DIVISION, MG ROAD,OPP PWD GROUND, ZP COMPOUND,VIJAYAWADA, NTR 3 DISTRICT, ANDHRA PRADESH. 5. THE CHIEF EXECUTIVE OFFICER CEO OF ZILLA PARISHAD, KRISHNA DISTRICT. R5 IS SUO - MOTO IMPLEADED AS PER THE COURT'S ORDER DT.21.04.2025. ...RESPONDENT(S): Counsel for the Petitioner: 1. SATHUPATI PREM Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following COMMON ORDER: Heard Sri Goli G.V.S. Sai, learned Counsel for the Writ Petitioner in W.P.No.7574 of 2025; Sri S. Prem, learned Counsel for the Writ Petitioner in W.P.No.7586 of 2025; Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat. 2. The Writ Petitioners in these two Writ Petitions challenged the Tender Notifications issued by the Respondent Authorities inviting bids with respect to Operation and Maintenance of CPWS scheme. The Writ Petitioner in W.P.No.7574 of 2025 had challenged the Notification No. 60 /T4/2024 – 2025 dated 05.03.2025 with respect to Operation and Maintenance of CPWS scheme for Mylavaram and other 130 villages. The Writ Petitioner in W.P.No.7586 of 2025 had challenged the Tender Notification No.61/T4/2024- 25 dated 05.03.2025 in respect of Operation and Maintenance of CPWS scheme for Kanchikacherla and other 35 villages for the Financial Year 2024- 25. 4 3. Both the Writ Petitioners are the existing contractors who have been carrying on the Operation and Maintenance of CPWS scheme from Financial Years 2022-2023. The Writ Petitioners had subsisting contractual agreements for Operation and Maintenance of CPWS scheme for the Financial Year 2022- 23. The tender conditions, under which, the Writ Petitioners were granted the contract are to the affect that, they shall carry on Operation and Maintenance contract for the Financial Year 2022-23 and thereafter to continue until further orders or until new contractors are appointed through the tender process. 4. From the submissions made in the Affidavit filed in support of the Writ Petitions, it transpires that the Writ Petitioners were continued with the same contract even for the Financial Year 2023-24. Practically, they were continuing even till the date of filing the present Writ Petitions (W.P. No.7574 of 2025 was filed on 21.03.2025 and W.P.No.7586 of 2025 was filed on 21.03.2025). The date of the issuance of the tender notification itself would indicate that for the Financial Year 2024-25 which would commence from 01.04.2024 and end by 31.03.2025, the tender notifications were issued on 05.03.2025. For both the tender notifications, the bid submission closing date is fixed as 21.03.2025. The tender conditions would also indicate that in respect of tender notification relating to Mylavaram and 130 other villages, the execution period is indicated as from 07.02.2025 to 31.03.2025 with an estimated contract value of Rs.23,95,690/-. In respect of the tender notification relating to Kanchikacherla and other 35 villages, the execution period is indicated as from 01.03.2025 to 31.03.2025 for an estimated contract value of Rs.45,49,965/-. These particulars and details are demonstrated from the table given below. Sl. No Writ Petition No. Type of work Tender Notification No. Date of Notification Bill submission closing date Execution period Estimated contract value 1 7574 of 2025 O & M of CPWS Scheme – Mylavaram and other villages – FY – 60/T4/2024- 2025 05.03.2025 21.03.2025 07.02.2025 to 31.03.2025 Rs.23,95,690/- 5 2024-2025 2 7586 of 2025 O & M of CPWS Scheme – Kanchikacherl a and other villages – FY – 2024-2025 61/T4/2024- 2025 05.03.2025 21.03.2025 07.02.2025 to 31.03.2025 Rs.45,49,965/- 5. At the stage of admission, having taken note of these details, this Court was rather surprised to see that for the Financial Year 2024-25 (commencing from 01.04.2024 to 31.03.2025), the tender notification itself was given on 05.03.2025 and the bid submission closing date is notified as 21.03.2025. While the bid submission closing date is fixed as 21.03.2025, certainly, the Respondent Authorities would have taken some time to process the bids, as well as by which time, perhaps the tender notification issued for execution of contract of Operation and Maintenance would have come to an end by 31.03.2025. On the face of it, it appears to the Court that this tender notification which is issued for grant of contracts for Operation and Maintenance of water schemes for the financial year 2024-25 and the completion of entire process would go beyond 31.03.2025 and is therefore irrational, illogical and is vitiated by complete non application of mind. 6. In this view of the matter, this Court issued directions to the respective Tendering Authorities to furnish details and also an explanation as to why the tender notification has been issued so belatedly i.e., on 05.03.2025 while the processing of the tender itself will travel beyond 31.03.2025. The Respondent Authorities have rendered explanation through Written Instructions to that effect but they are not convincing. Though only few days are left over for the Financial Year 2024-25, it has been the customary practice that the commencement of contract will be reckoned from the date of handing over the site. Even if such process is followed, this Court is of the view that the 6 Authorities would be technically awarding the contract of Operation and Maintenance for the Financial Year 2024-25 in the Financial Year 2025-26. At this rate, the Operation and Maintenance contracts would be executed during any current financial year but on paper, it remains as being executed for the previous financial years. 7. If some delay has occurred in inviting bids by issuing tender notification, it would be prudent for the Respondent Authorities to skip one financial year and make arrangements for issuance of tender well in advance for the future financial year. Adherence to this method could streamline the process. In this view of the matter, there shall be a direction to the Respondent Authorities to declare one financial year as zero year, and commence the tender process for the award of contract for the coming/ future financial years henceforth. 8. Coming to the merits of the case, admittedly, the Writ Petitioners in both the Writ Petitions are the existing contractors who have been executing the Contract of Operation and Maintenance of CPWS scheme in their respective places. The conditions of contract had indicated that though the contract was being awarded for the Financial Year 2022-23, the contractor shall continue the contract until further orders. By the actions/ inactions of the Respondent Authorities, the Writ Petitioners/contractors have had the benefit of continuing the contract beyond one year period since they are the existing contractors and are being continued. They have challenged the present tender notification on grounds which are untenable with a mala fide intent to continue the existing contract indefinitely by challenging the present tender notifications. 9. It is easy to infer the intention with which the Writ Petitioners have filed the present Writ Petitions because, for any reason, if the present tender notification is Stayed/ Suspended, the beneficiaries will be none other than the present contractors/ Writ Petitioners herein. There is no doubt that the Writ Petitioners have approached this Court with an intention to secure their own vested interests instead of participating in the tender process issued by the Government. Keeping in mind the observations made above, this Court is also 7 of the view that the approach of the Writ Petitioners by filing the present Writ Petitions is an abuse of process in as much as the same has been resorted to with a view to stall the tender process with an oblique intention to gain undue advantage by continuing the contract for a period longer than they deserved or entitled. 10. In this view of the matter, these two Writ Petitions are dismissed as not only being devoid of merits but also on account of abuse of process. Accordingly, each of the writ petitioners are directed to pay exemplary costs of Rs.10,000/- each within a period of two weeks. The costs shall be deposited in favour of the Andhra Pradesh High Court Advocates Association within a period of two weeks from today. 11. Registry is directed to convey a copy of this order to the President of the Andhra Pradesh High Court Advocates Association for effective compliance. The President of the Association is directed to buy Law Books for the said amount and add them to the Association’s library. 12. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________________________________ JUSTICE GANNAMANENI RAMAKRISHNA PRASAD Date: 14.10.2025 Dvs 8 02 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs.7574 & 7586 OF 2025 Dt: 14.10.2025 DVS