APHC010176762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9072/2025 Between: 1. SRI VENKATESWARA ASSSOCIATION, REP. BY ITS PRESIDENT, KOMATINENI RAVI KUMAR, S/O. K. VENKATA RAO, AGED ABOUT 52 YEARS, R/O. D.NO.54-1-56/B, RAILPET, 2ND LINE, ONGOLE, PRAKASAM DISTRICT ANDHRA PRADESH - 523001. 2. KOMATINENI RAVI KUMAR,, S/O. K. VENKATA RAO, AGED ABOUT 52 YEARS, R/O. D.NO.54-1-56/B, RAILPET, 2ND LINE, ONGOLE, PRAKASAM DISTRICT ANDHRA PRADESH - 523001 ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI. 2. THE DIRECTORATE OF MEDICAL EDUCATION, REP. BY ITS DIRECTOR OLD GGH, HANUMANPETA, VIJAYAWADA ANDHRA PRADESH - 520003. 3. THE STATE LEVEL COMMITTEE, REP. BY ITS CHAIRMAN I.E. THE COMMISSIONER OF HEALTH AND FAMILY WELFARE, 5TH FLOOR, APIIC TOWERS, MANGALAGIRI, GUNTUR DT. 4. DISTRICT DIET MANAGING COMMITTEE, REP. BY ITS CHAIRMAN I.E., JOINT COLLECTOR OFFICE OF THE JOINT COLLECTOR, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH 2 5. GOVERNMENT GENERAL HOSPITAL, REP. BY ITS SUPERINTENDENT NEAR OLD BUS STAND, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH - 533001 ...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 toPleased to grant a direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 4TH Respondent in incorporating Clause 4(A) in the tender document issued pursuant to the Tender Notification No.871/A.3/2025-27 dated 21.03.2025, prescribing eligibility criteria thereby rendering only certain class of body corporates / participants to be eligible in the above tender process and in furtherance of the same, not qualifying the Petitioners herein to participate in Financial Evaluation of the Tender process, as arbitrary, illegal apart from being violative of the guidelines as prescribed by the Respondent No. 1 vide G.O.Ms No. 325 dated 01.11.2011 and G.O.Ms No. 309 dated 02.12.2022 and Articles 14, 19(1)(g) and 21 of Constitution of India and consequently set-aside the Tender Notification No.871/A.3/2025-27 dated 21.03.2025 and pass 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 pleased to suspend all further proceedings pursuant to the Tender Notification No.871/A.3/2025-27 dated 21.03.2025, pending disposal of the Writ Petition; and pass IA NO: 2 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 pleased to permit the Petitioner No. 1 herein to participate in the tender process pursuant to the Tender Notification No.871/A.3/2025-27 dated 21.03.2025, pending disposal of the Writ Petition: and pass Counsel for the Petitioner(S): 1. VARUN BYREDDY Counsel for the Respondent(S): 3 1. GP FOR MEDICAL HEALTH FW The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9072/2025 ORDER: Heard the learned counsel for the petitioners and the learned counsel for the respondents. When the matter is taken up for hearing, learned counsel for the petitioners submits that the cause in the present Writ Petition does not survive and no further adjudication is necessary in the present Writ Petition. Therefore, the Writ Petition becomes infructuous. Recording the said submission, 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 27.01.2026 TTPPSS 5 70 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9072/2025 27.01.2026 TTPPSS