APHC010028572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1832/2026 Between: 1. ABHAYA POULTRIES, PROPRIETORY CONCERN, REP., BY ITS PROPRIETOR, SRI B. BALAKRISHNA, S/O LATE ANJANEYULU, AGED ABOUT 59 YEARS, R/O 3-23, AMRUTHA NAGAR, BORAVANCHA VILLAGE, NUZVID MANDAL, PRESENTLY ELURU DISTRICT, ERSTWHILE KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. 2. THE MID DAY MEAL AND SCHOOL SANITATION, REP., BY THE DIRECTOR, PREMISES OF O/O THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA, 0PP. RYTHU BAZAR, PATAMATA, VIJAYAWADA, ANDHRA PRDESH-520010. ...RESPONDENT(S): 2 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in imposing a condition strictly e-commerce and modern trading applicable to private entities only under Clause Nos. 2.2.7 and 2.3.10 in the E-Procurement Notice NIT No.10/2026, dated 07.01.2026 as arbitrary, illegal, null and void and against the norms of public policy and principles of natural justice and violative of Articles 14 and 19(1)(g) of the Constitution of India and discriminating the petitioner and to set aside the same in so far as the poultry farms, who have sale to private entities alone and to pass 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 Pleased to direct the respondent authorities to accept the petitioner's technical and financial bids submitted in pursuance of the E-Procurement Notice NIT NO. 10/2026, dated 07.01.2026 without insisting for the experience certificate for "strictly e- commerce and modern trading applicable to private entities only" as per clauses 2.2.7 and 2.3.10 by opening the Technical bids & Financial bid, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR EDUCATION The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.1832 OF 2026 O R D E R: The present Writ Petition is filed questioning the action of Respondent-Authorities in imposing a condition (strictly E- commerce and Modern Trading is applicable to Private Entities only) under Clause Nos.2.2.7 and 2.3.10 in the E-Procurement Notice NIT.No.10/2026 dated 07.01.2026, as illegal and arbitrary. 2. Learned counsel for the Petitioner would submit that no cause of action survives in the Writ Petition, as tender in question was cancelled by the Respondent-Authorities. 3. In view of the same, the Writ Petition is dismissed as infructuous with liberty to pursue the legal remedies as and when occasion arises. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date:18.02.2026 chs 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY 33 W.P.No.1832 of 2026 Date: 18.02.2026 chs