APHC010059662019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE " PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2723 OF 2019 Between: M/s. Tirumala Constructions, H.No.24-10-23, Flat No.503, Sita Mansion, Apartments, DNR College Road, Sreerampuram, Bhimavaram-534201. West Godavari District, rep. by its Managing Partner, Byrraju Venkata Subbaraju. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Municipal Administration, Secretariat, Velagapudi-522503. Amaravathi. 2. The Superintending Engineer, Kakinada Smart City Corporation Ltd. D.No.2-33-10, Peketivari Street, Perrajupeta, Kakinada-533001. 3. The Managing Director, Kakinada Smart City Corporation Ltd. D.No.2-33- 10, Peketivari Street, Perrajupeta, Kakinada-533001. 4. R Sai Santaram, S/o R.V.S.Naidu aged about 40 Yrs. Hindu, Contractor, D.N0.64-1C-4A, Treasury colony, Pratap Nagar, Kakinada. ...Respondents 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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the 2"^ respondent in unilaterally qualifying the 4*^ respondent bid in respect of the work Proposed convertible Stadium in Kakinada vide notification No.KSCCL/SMART CITY/2018/14 DT.9-11- 2018 contrary to the tender conditions and prejudicial to the interest of competitive bidders like the petitioner as illegal, arbitrary, contrary to the principles of natural justice and consequently direct the respondents 2 and 3 to qualify the tender bid of the petitioner. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent no 3 to give protection to the petitioners family and the church property by restraining the 5^^ respondent to 8 Respondent and her men, from interfering with the activities of church and to take action against the culprits forthwith pending disposal of the above writ petition. th Counsel for the Petitioner: SRI SRINIVASA RAO PAPPU Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.4 : SRI U. RAMANJANEYULU The Court made the following order: APHC010059662019 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: 2723/2019 Between: 1.TIRUMALA CONSTRUCTIONS, H.NO.24-10-23, FLAT NO.503, SITA MANSION, APARTMENTS, DNR COLLEGE ROAD, SREERAMPURAM, BHIMAVARAM-534201. WEST GODAVARI DISTRICT. REP. BY ITS MANAGING PARTNER, BYRRAJU VENKATA SUBBARAJU. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS SECRETARY, MUNCIPAL SECRETARIAT, ADMINISTRATION, AMARAVATHI. VELAGAPUDI-522503. 2.THE SUPERINTENDING ENGINEER, KAKINADA SMART CITY D.NO.2-33-10, PEKETIVARI STREET, CORPORATION LTD. PERRAJUPETA, KAKINADA-533001. 3.THE MANAGING DIRECTOR, KAKINADA SMART CITY CORPORATION D.NO.2-33-10, PEKETIVARI STREET, PERRAJUPETA, KAKI NADA-533001. LTD. 4.R SAI SANTARAM, S/0 R.V.S.NAIDU AGED ABOUT 40 YRS. HINDU, D.N0.64-1C-4A, TREASURY COLONY, PRATAP CONTRACTOR, NAGAR, KAKINADA. ...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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the 2nd respondent in unilaterally qualifying the 4th respondent bid in respect of the work Proposed convertible Stadium in Kakinada vide notification No.KSCCL/SMART CITY/2018/14 DT.9-11- 2018 contrary to the tender conditions and prejudicial to the interest of competitive bidders like the petitioner as illegal, arbitrary, contrary to the principles of natural justice and consequently direct the respondents 2 and 3 to qualify the tender bid of the petitioner and grant such other relief or reliefs as this HOntle court may deem fit and proper under the facts and circumstances of the case and in the interests of justice lA NO: 1 OF 2019 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 please to direct the Respondent no 3 to give protection to the petitioners family and the church property by restraining the 5th respondent to 8th Respondent and her men, from interfering with the activities of church and to take action against the culprits forthwith pending disposal of the above writ petition Counsel for the Petitioner: 1.SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1.SC FOR MUNC AND MUNC CORP 2.U RAMANJANEYULU 3.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.2723 of 2019 ORDER: The present Writ Petition was filed to declare the action of the 2^"^ respondent in unilaterally qualifying the 4*^ respondent bid in respect of the work Proposed convertible Stadium in Kakinada vide notification No.KSCCL/SMART CITY/2018/14 Dt.9-11-2018 contrary to the tender conditions and prejudicial to the interest of competitive bidders like the petitioner as illegal, arbitrary, contrary to the principles of natural justice and consequently direct the respondents 2 and 3 to qualify the tender bid of the petitioner. 1. 2. A Counter Affidavit is filed by the Respondent No.3 stating that Respondent No.4 was declared as a qualified bidder and that a contract was executed between the parties on 20.02.2019. It is further stated that work had already commenced. 3. As the contract was entered between the parties on 20.02.2019 vide Contract No.34/2018-2019 and the work had already commenced, the cause in the present 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. Sd/- J SAROJA ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. One CC to Sri Srinivasa Rao Pappu, Advocate [OPUC] ' 2. One CC to Sri M. Krishna Rao, SC for Municipality [OPUC] 3. One CC to Sri U. Ramanjaneyulu, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn & Urban Development Hiqh Andhra Pradesh [OUT] ’ 5. Two CD Copies Court of Cnr HIGH COURT DATED:10/07/2025 and/J^ ORDER WP NO. 2723 OF 2019 I 0 2 SEP 2025 S ^ . Current Section . ^ DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS