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2026 DAILYLAW 14094 (AP)

A CHANDRA MOHAN v. The State of Andhra Pradesh

WP/25913/2023 · 2026-03-01

Ninala Jayasurya

body2026

Judgment text

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APHC010502462023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 25913/2023 Between: 1. A CHANDRA MOHAN, S/O.CHENNAIAH, AGED ABOUT 32 YEARS, OUTSOURCING CONTRACTOR, M/S.SREENIDHI OUTSOURCING AND SOCIAL SERVICES ORGANISATION, R/O.D.NO.28/1568, NOONE PALLI VILLAGE, NANDYAL MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION APSRTC, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, PANDIT NEHRU BUS STATION, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL MANAGER, APSRTC., KADAPA. REGION, YSR KADAPA DISTRICT. 2 NJS,J W.P.NO.25913 OF 2023 4. THE DEPOT MANAGER, APSRTC., RAYACHOTI DEPOT, YSR KADAPA 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 tomay be pleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in issuing Tender Notification, dt.13.09.2023 vide No.P2/797(1)12023- D.P.T.0./Rayachoti for Sweeping, cleaning of Garage, maintenance of Toilets at Rayachoti Depot (R-4), without considering the Representation of the Petitioner, dt.13.03.2023 for extension of earlier contract for another one year, as illegal, arbitrary and violation of Principles of Natural Justice and set- aside the same insofar as the 4th respondent depot is concerned and consequently direct the respondents to continue the Petitioner in this regard, and pass such IA NO: 1 OF 2023 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 may be pleased to suspend the Tender Notification, dt.13.09.2023 vide No.P2/797(1)/2023- D.P.T.0./Rayachoti insofar as the 4th respondent Depot is concerned, pending disposal of the writ petition, and pass such IA NO: 1 OF 2026 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 May be pleased to Vacate the Interim order I. A.No. 01/2023 in W.P. No. 25913 of 2023 and dated 04.10.2023 in pass Counsel for the Petitioner: 3 NJS,J W.P.NO.25913 OF 2023 1. K VENKATESWARLU Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 2. GP FOR TRANSPORT The Court made the following: 4 NJS,J W.P.NO.25913 OF 2023 ORDER:- The Writ petition is filed seeking to declare the action of the 3rd respondent in issuing Tender Notification, dated 13.09.2023 for sweeping, cleaning of Garage, maintenance of Toilets at Rayachoti Depot (R-4), without considering the representation of the petitioner dated 13.03.2023 for extension of the existing contract for one more year, as illegal, arbitrary, violation of the principles of natural justice and for consequential directions. 2. Learned counsel for the petitioner made submissions with reference to the averments made in the writ petition. However, the same need not be considered in detail. 3. It is not in dispute that a deed of contract was executed on 01.04.2021 between the petitioner and the 3rd respondent, for Outsourcing Cleaning, Sweeping of Garage & DM’s Office and Maintenance of Toilets at Rayachoty Depot. As per the terms of the agreement, the period of outsourcing was from 10.04.2021 to 09.04.2023. Clause No.3 of the terms and conditions provides that the contract period is extendable for a further period of one year based on the satisfactory performance of the Contractor, in terms of Cir.No.71/2002, dated 07.02.2002 of Vice-Chairman and 5 NJS,J W.P.NO.25913 OF 2023 Managing Director of the Corporation. Seeking extension of period of contract period as provided under the said clause, the petitioner made a representation dated 13.03.2023. However, without considering the same, the impugned Tender Notification was issued. 4. A learned Judge of this Court, vide order dated 04.10.2023, directed that the tender process may go on as per the schedule, but the same shall not be finalized for a period of one (1) week. Thereafter, the interim orders were extended from time to time. Be that as it may. 5. In the counter affidavit filed on 16.02.2026, it is inter-alia stated that the tender process with regard to item No.12 of the tender notification dated 13.09.2023 was not finalized and that subsequently, it was cancelled. 6. In the light of the above stated position, more particularly in view of the undisputed fact that even the benefit of extension of one year period as sought for by the petitioner was otherwise completed by virtue of the interim orders which were in force, this Court deems it not necessary to examine the matter further. At any rate, the Corporation itself has stated that the tender process 6 NJS,J W.P.NO.25913 OF 2023 was cancelled. Therefore, the writ petition is closed as the matter has become infructuous. 7. The Corporation is at liberty to call for fresh tenders, as per the relevant circulars/orders. No costs. Interim order granted, shall stand dissolved. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA 02.03.2026 LSP