APHC010034582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1758/2025 Between: 1. M. RAJYALAKSHMI, W/O DR.RAYALA VIKASH BABU, AGED ABOUT 31 YEARS, R/O OF PLOT NO.34B35A, SUNCITY,NEAR WESTERN LOCKS, GULABITHOTA, ELURU-534001, 2. DR.RAYALA VIKASH BABU,, S/O PRASANNA KUMAR AGED ABOUT 31 YEARS, R/O OF PLOT NO.34B35A, SUNCITY,NEAR WESTERN LOCKS, GULABITHOTA, ELURU-534001 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, MEDICAL, AND FAMILY WELFARE, A.P. SECRETARIAT AMARAVATHI, VELGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE, D.NO.189, 2ND FLOOR HIMAGNA TOWERS, NTR MARG, LIC COLONY, B-BLOCK, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH, 521225. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, AT RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE SUPERINTENDENT, GOVERNMENT TEACHING GENERAL HOSPITAL, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. SR DIAGNOSTICS, BSNL OFFICE ROAD, ANANDHA COMPLEX 46- 17-18, DANAVAI PETA, RAJAMAHENDRAVARAM, ANDHRA 2 PRADESH 533103. 6. SRI KRISHNA RECON SCANS AND DIAGNOSTICS 461043, DANAVAIPETA, NEAR KARNATAKA BANK, RAJAHMUNDRY EAST GODAVARI 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 toit is therefore prayed that this Honble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.3 and 4 in issuing the proceedings Rc.No. 4506/G1/2022 Dt.22.01.2025 awarding the contract for providing of certain scanning services to government teaching General Hospital Rajamahendravaram for one year 09 / 2024 to 08 / 2025, out of the Tender notice No 02/GTGH/2024, Dt 30.09. 2024, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 19(1) (g) and 21 of the Constitution of India, set-aside the same, and consequently direct the Official Respondents to call for records of the tender documents submitted by all the bidders in the subject tender before this Honble High Court for scrutiny, declare the ineligibility of the consortium formed by the unofficial respondents in participating in the tendering process, award the service contract under the subject tender to the petitioners firm, R.R.Imaging and Diagnostics herein, and pass such other order or orders as this Honble Court may deems fit and proper in the interest of Justice . Prayer is amended as per the Court's Order dt.22.01.2026 in I.A.No.03 of 2025. IA 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 It is also further prayed that, pending disposal of the main Writ Petition, the Honble Court may be pleased to direct the official respondents to present before this Honble Court the details of the bid details submitted by all the bidders for scrutiny before this Honble Court and pass such other order or orders as this Honble court deems fit and proper in the interest of Justice. Prayer is amended as per the Court's Order dt.22.01.2026 in I.A.No.03 of 2025. IA NO: 2 OF 2025 3 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 It is also further prayed that pending disposal of the main Writ Petition, the Honble Court may be pleased to direct the official respondents to continue the services of the petitioners firm, R.R.Imaging and Diagnostics in providing the scanning services to the Government General Hospital, Rajamahendravaram, pending disposal of this writ petition and pass such other order or orders as this Honble court deems fit and proper in the interest of Justice. Prayer is amended as per the Court's Order dt.22.01.2026 in I.A.No.03 of 2025. IA NO: 3 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.3 and 4 in issuing the proceedings Rc.No.4506/G1/2022 Dt. 22.01.2025awardingthe contract forproviding of to government teaching General Hospital Rajamahendravaram for one year 09 / 2024 to 08 / 2025, out of the Tender notice .No.02/GTGH/2024, Dt.30.09.2024, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 19(1)(g) and 21 of the Constitution of India,set-aside the same,and consequently direct the Official Respondents to call for records of the tender documents submitted by ail the bidders in the subject tender before this Hon’ble High Court for scrutiny, declare the ineligibility of the consortium formed by the unofficial respondents in participating in the tendering process, award the service contract under the subject tender to the petitioner’s firm, R.R.Imaging & Diagnostics herein, and pass such other order or orders as this Hon’ble Court may deems fit and proper in the interest of Justice. certain scanning services It is also further prayed that, pending disposal of the main Writ Petition, the Hon’ble Court may be pleased to direct the official respondents to present before this Hon’ble Court the details of the bid details submitted by all the bidders for scrutiny before this Hon’ble Court and pass such other order or orders as this Hon’ble court deems fit and proper in the interest of Justice. 3 It is also further prayed that pending disposal of the main Writ Petition, the Hon’ble Court may be pleased to direct the official respondents to continue the services of the petitioners’ firm,R.R.Imaging & Diagnostics in providing the scanning services to the Government General Hospital, Rajamahendravaram,pending disposal of this writ petition and pass such other order or orders as this Hon’ble court deems fit and proper in the interest of Justice. Instead of It is therefore prayed that this Hon’ble Court 4 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.3 and 4 in planning to issue the award of contract for' providing of certain scanning services to government teaching General Hospital Rajamahendravaram for one year 09 / 2024 to 08 / 2025, as the outcome of the Tender notice .No.02/GTGH/2024, Dt.30.09.2024, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and set- aside the same,and consequently direct the Official Respondents to call for records of the tender documents submitted by all the bidders in the subject tender before this Hon’ble High Court for scrutiny, disqualify the consortium formed by the unofficial respondents from the tendering process, award the service contract under the subject tender to the petitioner firm, R.R.Imaging & Diagnostics herein, and pass Counsel for the Petitioner(S): 1. TAMMANA ANUP KUMAR Counsel for the Respondent(S): 1. GANESH PALADUGU 2. GP FOR REVENUE 3. GP FOR MEDICAL HEALTH FW The Court made the following: 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1758/2025 ORDER: Heard learned counsel for the petitioner and the learned counsel for the respondents. 2. Learned counsel for the petitioner submits that the respondent No.4 issued a tender notification on 30.09.2024 calling the tenders for providing scanning services to Government Teaching General Hospitals, Rajamahendravaram for a period of one year i.e., from 09/2024 to 08/2025. As per the tender notification, the eligibility conditions for technical bid is that the person who applied for the bid shall submit the bid along with all the documents as enumerated under clause 13 of the tender notification and under the head of the technical bids including AERB certificate. He further submits that even though the prescribed certificate/document was not submitted, the tender was awarded to unofficial respondent, which is contrary to the tender conditions. As such any tender awarded in the absence of particular documents, would be liable to be cancelled. 3. Learned counsel for the respondents submits that the period of tender is for a period of one year. Pending the writ petition, the period of tender was already lapsed seven months ago. Therefore, cancellation of 6 tender does not arise. As such, the cause in the present writ petition does not survive for further adjudication and the matter becomes infructuous. 4. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 11.02.2026 TPS 7 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1758/2025 11.02.2026 TPS