APHC010513862025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26539/2025 Between: 1. M/S. RAHUL BUILDERS,, (FIRM NO. 151 OF 2011), REP. BY ITS MANAGING PARTNER, SRI. K. VENKATA RAO, S/O. SAMBASIVA RAO, AGED ABOUT 53 YEARS. CONTRACTOR, R/O D.NO.5 1/19, BRODIPET, GUNTUR TOWN AND DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, TRIBAL WELFARE DEPARTMENT, VIJAYAWADA, N.T.R. DISTRICT. 3. THE SUPERINTENDING ENGINEE ENGINEERING DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 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 an order. Writ or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents in respect of qualification criteria of requiring past experience from the last Five Financial Years only (2020 Years in the Tender Notices with Tender ID.Nos. (1) NIT No106/2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26539/2025 M/S. RAHUL BUILDERS,, (FIRM NO. 151 OF 2011), REP. BY ITS MANAGING PARTNER, SRI. K. VENKATA RAO, S/O. SAMBASIVA RAO, AGED ABOUT 53 YEARS. CONTRACTOR, R/O D.NO.5 1/19, BRODIPET, GUNTUR TOWN AND DISTRICT. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE CHIEF ENGINEER, TRIBAL WELFARE DEPARTMENT, VIJAYAWADA, N.T.R. DISTRICT. THE SUPERINTENDING ENGINEER, TRIBAL WELFARE ENGINEERING DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...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 an order. Writ or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents in respect of qualification criteria of requiring past experience from the last Five nly (2020-2021 to 2024-2025) instead of last Ten Financial Years in the Tender Notices with Tender ID.Nos. (1) NIT No106/2025 IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY M/S. RAHUL BUILDERS,, (FIRM NO. 151 OF 2011), REP. BY ITS MANAGING PARTNER, SRI. K. VENKATA RAO, S/O. SAMBASIVA RAO, AGED ABOUT 53 YEARS. CONTRACTOR, R/O D.NO.5-54-81, ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, THE CHIEF ENGINEER, TRIBAL WELFARE DEPARTMENT, R, TRIBAL WELFARE ENGINEERING DEPARTMENT, VISAKHAPATNAM, ...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 an order. Writ or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents in respect of qualification criteria of requiring past experience from the last Five 2025) instead of last Ten Financial Years in the Tender Notices with Tender ID.Nos. (1) NIT No106/2025- 2 26/SE/TW/ Art.275 (i)/DB/Dt.12.07.2025. (2) NIT No.107/2025-26/SE/TW/ Art.275 (i)/DB/Dt. 12.07.2025,(3) NIT No.108/2025- 26/SE/TW/ Art.275 (i)/DB/Dt. 12.07.2025, (4) NIT.No.109/2025-26/SE// Art.275(i)/DB/Dt. 12.07.2025 and (5) Nit.No.113/2025-26/DB/Dt.30.0 7.2025 issued by 3rd Respondent as illegal, irregular, unjust, arbitrary, discrimination, against to the Principles of Natural Justice, Contra guidelines enumerated in G.O.Ms.No.37, dated 27-06-2025 and in violation of Articles 14, 16, 19, 21 and 300-A of Constitution of India, consequently direct 3rd Respondent not to proceed with allotment of tenders, further permit the prosperous tenderers to participate in the above Tender Notices in consonance with G.O.Ms.No.37 dated 27-06-2025 by recalling the subject Tender Notices in the interest of justice 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 recall the subject tenders by granting stay of allotment procedure in respect of the tenders with Tender ID.Nos. (1) NIT No:106/2025-26/SE/TW/ Art.275(i)/DB/ Dt. 12.07.2025, (2) NIT No:107/2025-26/SE/TW/Art.275 (i)/DB/Dt. 12.07.2025, NIT.Nol 08/2025-26/SE/TW/Art.275(i)/DB/Dt. 12.07.2025(3) (4) NITNo: 109/2025-26/ SE/TW/Art.275(i)/DB/Dt. 12.07.2025 and (5) Nit.No.113/2025-26/DB/Dt.30.07.2025 issued by 3^'^ Respondent further permit the prosperous tenderers to participate in the above Tender Notices in consonance with G.O.Ms.No.37 dated 27-06-2025 pending disposal of the main Writ Petition in the interest of justice and pass Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 3 The Court made the following Order: The present Writ Petition is filed questioning the action of the respondents in respect of qualification criteria of requiring past experience from the last five financial years i.e., (2020-2021 to 2024-2025) instead of last ten financial years in the tender notices with tender I.D.Nos.(1) NIT No.106/2025-26/SE/TW/ Art.275 (i)/DB/ dated 12.07.2025, (2) NIT No.107/2025-26/SE/TW/ Art.275 (i)/DB/ dated 12.07.2025, (3) NIT No.108/2025-26/SE/TW/ Art.275 (i)/DB/ dated 12.07.2025 (4) NIT No.109/2025-26/SE/TW/ Art.275 (i)/DB/ dated 12.07.2025 and (5) NIT No.113/2025-26/DB/ dated 30.07.2025 issued by 3rd respondent as illegal, irregular, unjust, arbitrary, discrimination and against the principles of natural justice, contrary to G.O.Ms.No.37, dated 27.06.2025 and violation of Articles 14, 16, 19, 21 & 300-A of the Constitution of India and consequently to direct 3rd respondent not to proceed with allotment of tenders, further permitting prosperous tenderers to participate in the above tender notices in consonance with G.O.Ms.No.37 dated 27.06.2025 by recalling the subject tender notices. 2. The petitioner is a registered Class-I (Civil) Contractor with the Andhra Pradesh Roads & Buildings Department with Registration No.COT/AP/FC/1294/2023, valid from 02.07.2023 to 01.07.2028 and also registered under UDYAM with Registration No.UDYAM-AP-04-0004498. In the year 2003, the Government of Andhra Pradesh issued G.O.Ms.No.94, I&CAD (PW-COD) department dated 01.07.2003, prescribing five years experience requirement for the bidders. Due to COVID-19 impact, the Government 4 amended the existing tender requirement through G.O.Ms.No.37 Water Resources (Reforms) department, dated 27.06.2025, extending the qualification period from five years to ten years to protect the contractors’ eligibility. 3. Respondent No.3, Superintending Engineer of the Tribal Welfare Engineering Department issued five tender notices requiring the bidders to have completed similar works in the last five financial years (2020-21 to 2024-25). 4. G.O.Ms.No.37 was issued by the Government of Andhra Pradesh based on the recommendations of the Board of Chief Engineers and Finance Department concurrence. To address the COVID-19 pandemic’s severe impact on contractors, who lost eligibility due to reduced work from 2020 to 2022, the Government permanently extended the tender qualification period from five years to ten years, allowing the contractors to use a longer experience window when bidding for contracts. Despite G.O.Ms.No.37 mandating ten years qualification period, the respondents continued to issue tenders with five years eligibility, unfairly limiting the qualified bidders and restricting competition. The contractors made formal representations requesting to relax the required qualification from five years to ten years, but no action was taken by the respondent Nos.2 & 3. 5. It is the case of the petitioner that the respondents have issued tender notices demanding only five years of experience, violating the G.O.Ms.No.37 5 and creating inconsistency in tender qualification criteria and also preventing the petitioner and other contractors from participating in these tenders. 6. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents herein. 7. Learned counsel for the petitioner, after arguing for some time, submits that though the petitioner herein made the representations to 2nd respondent dated 27.07.2025 & 26.08.2025, 2nd respondent has not passed any orders on the representations made by the petitioner herein. 8. In view of the aforesaid facts and circumstances, without going into the merits of the case, before finalizing the tenders, 2nd respondent is directed to pass appropriate orders in accordance with law, on the representations made by the petitioner herein, within a period of two (2) weeks from the date of receipt of a copy of the order. 9. With the above direction, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 10.10.2025 MDP