APHC010163622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8160/2024 Between: 1. M/S NESTOR PHARMACEUTICALS LIMITED, HAVING ITS REGISTERED OFFICE AT G-1, ASHOKA ESTATE, 24, BARAKHAMBA ROAD, NEW DELHI- 110001. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SANJEEV SHARMA ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, DEPARTMENT OF MEDICAL AND HEALTH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELGAPUDI, GUNTUR, ANDHRA PRADESH. 2. ANDHRA PRADESH MEDICAL SERVICES AND INFRASTRUCTURE DEVELOPMENT CORPORATION, AN ENTERPRISE OF GOVERNMENT OF ANDHRA PRADESH, PLOT NO.9, SURVBEY NO.49, IT PARK, MANGALGIRI, GUNTUR DISTRICT ANDHRA PRADESH - 522503. REP BY ITS MANAGING DIRECTOR ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in incorporating Clause 2(b)(II)(f) and Clause 3(iii) into the tender document bearing Tender No. 158-5/APMSIDC/MEDICINE WING/2023-24 floated by the 2nd Respondent, under the aegis of the 1st Respondent, for supply of general medicines to the State of Andhra Pradesh as illegal, arbitrary, biased, irrational and unreasonable and against the principles of administrative law and amounting to an abuse of its powers as a tendering authority, and consequently set aside the same and further direct the Respondents to accept the bid of the Petitioner, without any reference to the Clause 2(b)(II)(f) and Clause 3(iii) of the Tender No. 158- 5/APMSIDC/MEDICINE WING/2023-24 and pass IA NO: 1 OF 2024 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 direct the Respondents to accept the bid of the Petitioner under the tender document bearing Tender No. 158-5/APMSIDC/MEDICINE WrNG/2023-24 and pass Counsel for the Petitioner: 1. VIVEK CHANDRA SEKHAR S Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW(AP) 2. S PRANATHI The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8160 OF 2024 ORDER: Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Learned counsel for the petitioner submits that pursuant to the orders of this Court dated 04.04.2024, the petitioner was allowed to participate in the subject tender. Therefore, pending writ petition, the claim of the petitioner was redressed. 3. In view of the same, the cause in the present writ petition does not survive for further adjudication and the matter becomes infructuous. 4. Recording the said submission, the present 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 04.02.2026 BSP 62 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.8160 of 2024 04.02.2026 BSP