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2025 DAILYLAW 59258 (AP)

NAKKA SIDDAIAH v. UNION OF INDIA

WP/36211/2025 · 2025-12-25

Sumathi Jagadam

body2025

Judgment text

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APHC010703442025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE 3459 PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.36211 OF 2025 Between: Nakka Siddaiah. --- Petitioner and The Union of India, Rep. by its Secretary, Ministry of Petroleum and Natural Gas, Janpath Road, New Delhi-110001 and 2 others. --- Respondents Counsel for the Petitioner : Sri P. Rajesh Babu Counsel for the Respondents : --- The Court made the following: JS,J WP No.36211/2025 2 ORDER: The present Writ Petition, under Article 226 of Constitution of India, is filed by the petitioner seeking the following relief: “…..to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (i) declaring , the Show-Cause Notice issued by Respondent no.3 dt.30-10-2025 (received through e- mail on 12-11-2025) to the petitioner calling upon his explanation for the alleged failure to perform his obligation under the Transport Agreement dt.,31-05- 2023 vide Tender No.BPCL/SR/POL/BULK/Krishnapatnam/2022-2027- 01 and thereby intending to include the petitioner in the black-listing without considering the Reply/Explanation of the petitioner dt.28-11-2025 followed by another Reply dt.04-12-2025 seeking further time to replace with a new 14KL Tank Lorry bearing no.TS08U5341, since the 20KL Tank Lorry bearing no.AP39WA4827 was not accepted, but still intending to proceed against the petitioner including his black-listing, thus depriving the petitioner to participate in any tenders with any other corporations, is nothing but arbitrary, illegal, inappropriate and in violation of the Fundamental Rights of the petitioner guaranteed under Article 14, 21, 19(g) and Article 300A of the Constitution of India. JS,J WP No.36211/2025 3 (ii) Consequently to direct Respondent no.3 to issue Clear NOC in pursuance of the conditional NOC given to the petitioner dt.26-03-2025 against the subject Tank Lorry bearing no.AP39VB3863 (14KL) (iii) or in the alternative consequently direct Respondent no.3 to cancel the Workorder/Transport Agreement dt.31-05-2023 vide Tender No.BPCL/SR/POL/BULK/Krishnapatnam/2022-2027- 01, thereby relieving the petitioner and his Tank Lorry no.AP39VB3863 (14KL) from out of the said contract and pass such other order or orders …” , After hearing the learned counsel for the petitioner, without going into merits of the case, this Court deems it appropriate to dispose of the Writ Petition, at the admission stage, by directing the 3rd respondent to consider the explanation, submitted by the petitioner on 28.11.2025 and 04.12.2025, to the show-cause notice, dated 30.10.2025, issued by the 3rd respondent and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, the respondents shall not take any coercive steps against the petitioner. As a sequel, miscellaneous applications pending, if any, shall stand closed. No order as to costs. __________________________ JUSTICE SUMATHI JAGADAM Date: 26.12.2025 Note: Issue C.C. at the earliest. DSH