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2025 DAILYLAW 5655 (AP)

M/S. D.V.ELECTRICALS v. COMMR., KMC, KAKINADA & 3 ORS.

WP/16345/2016 · 2025-07-09

Nyapathy Vijay

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Judgment text

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APHC010049292016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16345/2016 Between: 1. M/S. D.V.ELECTRICALS, SOLE PROPRIETORSHIP BEING REPRESENTED BY ITS SOLE PROPRIETOR AVA KUMAR S/O SRI A. RAMA RAO, AGED ABOUT 47 YEARS, OCC: BUSINESS RIO 14-31-21, KOLLURU MANSION-6, MAHARANIPETA, VISHAKHAPATNAM- 530 002. ...PETITIONER AND 1. COMMR KMC KAKINADA 3 ORS, AT KAKINADA, EAST GODAVARI DISTRICT 2. CHIEF ENGINEER ROADS AND BUILDINGS, NATIONAL HIGHWAYS, ERRAMANZIL, HYDERABAD 3. EXECUTIVE ENGINEER ROADS AND BUILDINGS, NATIONAL HIGHWAYS DIVISION, COLLECTORATE COMPOUND, KAKINADA 4. STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, HYDERABAD ...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 to issue a writ, order or direction more in the nature of writ of mandamus declaring the e-tender notification ROC No. 7719/2014-E4 dated 09-05-2016 issued by the First Respondent seeking to call tenders for providing central lighting with 10 Mts. MS Hot Dip Galvanized Poles from MSN Chartis Main Gate to Balayogi Statue and from Nethaji Park to MSN Chartis Main Gate without considering the agreements dated 15-10-2015 entered into with the Petitioner in respect of the same works nor the work orders dated 07-05-2015 vide ROC NO. 7719-2014/E-4 and 7720-2014/E4 issued to the Petitioner in respect of the same works, as wholly arbitrary, illegal, violation of principles of natural justice. and contrary to the provisions of Constitution of India and pass consequential 'f reliefs to which the petitioner is entitled to, and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case. IA NO: 1 OF 2016(WPMP 20205 OF 2016 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 to stay all further proceedings pursuant to e-tender notification ROC No. 7719/2014-E4 dated 09-05-2016 issued by the First Respondent including opening of the bids and award of work orders and contracts, pending disposal of the above writ petition Counsel for the Petitioner: 1. M. Krishna Rao Counsel for the Respondent(S): 1. J DILEEP KUMAR The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.16345 of 2016 ORDER: The present Writ Petition was filed to declare the e-tender notification ROC No. 7719/2014-E4 dated 09-05-2016 issued by the First Respondent seeking to call tenders for providing central lighting with 10 Mts. MS Hot Dip Galvanized Poles from MSN Chartis Main Gate to Balayogi Statue and from Nethaji Park to MSN Chartis Main Gate without considering the agreements dated 15-10-2015 entered into with the Petitioner in respect of the same works nor the work orders dated 07-05-2015 vide ROC NO. 7719-2014/E-4 and 7720-2014/E4 issued to the Petitioner in respect of the same works as illegal and arbitrary. 2. The agreement relied upon by the Petitioner was for a period of three months. 3. In view of passage of time and changed circumstances, the cause in the Writ Petition does not survive for adjudication. 4. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, the miscellaneous applications if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.07.2025 eha THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.16345 of 2016 Date: 10.07.2025 eha U