IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT APPEAL NO: 101 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the order in W.P.No.1643 of 2025 dt.24-01-2025 on the file of the High Court. Between; Sri Srinivasa Traders, Rep.by its Proprietor Sri P.Srinivasulu S/o.P.Rami Reddy Aged about 45 years, Occ: Business, R/o.Hussainapuram, Orakallu Mandal, Nandyal District, Andhra Pradesh. ...APPELLANT AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary School Education Department A.P. Secretariat, Velagapudi Amaravati, Guntur District. 2. The State Project Director, Samagra Siksha, Govt.of A.P Amaravati 3. The District Collector and Chairman, Andhra Pradesh Samagra Siksha Nandyal District Collectorate Complex at Nandyal, A.P. 4. The Joint Collector and Chairman, District Purchase Committee Nandyal District Collectorate Complex at Nandyal, A.P. 5. The District Education Officer, Nandyal District, Woman Empowerment Building SPG Compound, R.S.Road at Nandyal, A.P. 6. The Additional Project Coordinator A.P. Samagra Siksha, Nandyal, A.P. 7. Sri Sai Enterprises, Bhakapuram, Pulivendula, YSR Kadapa District Andhra Pradesh. 8. KVR Agros, Proddatur, YSR Kadapa District, A.P. ...RESPONDENTS lA 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 to suspend the operation of the order dt.24-01-2025 passed in I.A.No.1/2025 in W.P.No. 1643/2025 pending disposal of the above writ appeal and ^ also consequently suspend the proceedings in Rc.No.894/A2/KGBU/APSS/ NANDYAL/2024 dt. 18-01 -2025 issued by the 4*^ respondent in so far as awarding work in favour of respondents 7 and 8. Counsel for the Appellant: SRI K. CHIDAMBARAM SENIOR COUNSEL ASSISTED BY SRI DASARI S. V. V. S. V. PRASAD Counsel for the Respondent Nos.1,4 & 5 : GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos.2, 3 & 6 :Mrs. R. SUDHA RANI, SC FOR SAMAGRA SIKSHA Counsel for the Respondent Nos.7 & 8 ; NONE APPEARED The Court made the following: JUDGMENT APHC010066862025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-2 [3522] BP0 S&4 AT AMARAVATI r WRIT APPEAL NO: 101 of 2025 M/s. Sri Srinivasa Traders ...Appellant Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant Mr. K. Chidambaram, Senior Counsel assisted by Mr. Dasari S VV S V Prasad Advocate(s) for Respondent(s); GP for School Education for R.1, R.4 & R.5 Ms. Revanuru Sudha Rani (SC for Samagra Shiksha) for R.2, R.3, & R.6 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DR JUSTICE Y. LAKSHMANA RAO : 13*'^ February, 2025 DATE PC : The present writ appeal has been preferred against the interim order, dated 24.01.2025 passed in WP.No.1643 of 2025. 2. Briefly stated, the material facts are as undet. Bids were invited from eligible tenderers for supplying food items to 27 KGBV hostels and 19 girls hostels attached to Andhra Pradesh Model Schools in Nandyal District. The petitioner (appellant herein) being eligible also submitted its bid and was found to be the lowest tenderer. However, by virtue of the order, dated 2 HCJ & Dr.YLRJ WA 101 2025 r 18.01.2025, the Joint Collector & Chairman, District Purchase Committee, Nandyal, permitted the supplies to be made not only through the petitioner f. who was the lowest tenderer but also respondent Nos.7 & 8, who were L4 & L7. Aggrieved of the order passed by the Joint Collector, the petitioner (appellant herein) preferred writ petition before the learned single Judge, who by virtue of the order, dated 24.01.2025, impugned in the present writ appeal stayed the proceedings, dated 18.01.2025 and directed the Collector, Nandyal District to make arrangements for supply of provisions of food etc., by other than LI to L3, L4 and L7 bidders. Learned counsel for the parties agree that the order passed by 3. the learned single Judge, which is impugned in the present writ appeal, is unsustainable inasmuch as the learned single Judge did not at all consider the issues which were otherwise required to be gone into and a mechanism was provided which was even otherwise not envisaged by either the respondent- State or was as per the grievance which was expressed before the learned single Judge by the petitioner. 4. Learned Government Pleader for School bducation Department appearing for the respondent-State would submit that notwithstanding the order dated 18.01.2025, the State would have no objection if the matter was permitted to be reconsidered by the Joint Collector so that the supplies to r" 3 I HCJ & Dr.YLR, J WA_101_2025 various hostels was not affected and the children studying in those hostels would get the regular supplies on time. 5. Be that as it may, in view of the fact that the interim order, dated 24.01.2025, which is impugned in the present writ appeal, is not a speaking order and does not at all deal with the issues which had been raised by the petitioner in the writ proceedings, we set aside the same and remand the matter to be considered afresh by the learned single Judge. However, notwithstanding the consideration of the issue by the learned single Judge, it would be open to the Joint Collector to reconsider the decision on merits with a view to resolve the issue of allotment of the contract in accordance with the established principles as also the terms and conditions of the tender notice dated 20.12.2024. Registry is directed to list WP.No.1643 of 2025 before the learned single Judge on 14.02.2025. 6. The Writ Appeal is, accordingly, disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// I \ SECTION OFFICER To, 1. The Principal Secretary School Education Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi Amaravati, Guntur District. 2. The State Project Director, Samgra Siksha, Govt.of A.P Amaravati. I 3. The District Collector and Chairman, Andhra Pradesh Samagra Siksha Nandyal District Collectorate Complex at Nandyal, A.P. The Joint Collector and Chairman, District Purchase Committee Nandyal District Collectorate Complex at Nandyal, A.P. The District Education Officer, Nandyal District, Woman Empowerment Building SPG Compound, R.S.Road at Nandyal, A.P. One CC to Sri Dasari S. V. V. S. V. Prasad, Advocate [OPUC] Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] One CC to Mrs. R. Sudha Rani, SC for Samagra Siksha (OPUC) The Section Officer, Writ Non-Service Section, High Court of Andhra Pradesh. lO.The Section Officer, Posting Section, High Court of Andhra Pradesh 11 .Three C.D. Copies. 4. 5. 6. 7. 8. 9. Cnr HIGH COURT CNR DATED: 13/02/2025 JUDGMENT S 15 FEB 2023 WA.No.101 of 2025 <2, ?• * Currenl Section DISPOSING OF THE WRIT APPEAL WITHOUT COSTS