APHC010192042025 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: 9691/2025 Between: 1. MOHAMMED SALMAN AHMED KHAN,, S/O ANWAR ALL KHAN, AGED ABOUT 32 YEARS, AND COMPANY UNANI PHARMACY REP. BY ITS MANAGING PARTNER, HAVING AN OFFICE ATD.NO.21-2-77/ GULZAR HOUSE, CHARMINAR, HYDERABAD, TELANGANA -500002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, A.P. 2. THE COMMISSIONER OF AYUSH DEPARTMENT, HAVING AN OFFICE AT,22-19, JASTHITOWERS, 4TH FLOOR, SAIPURAM COLONY, NEAR SAIBABA. TEMPLE, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH -521225 ...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 issue a Writ, order or direction, more particularly in the nature of Writ f Mandamus, declaring the action of Respondent No. 2for imposing a pre-qualification criteria in the e-procurement tender. Notification vide HMF06-2621967-Budget-Unani Dt.on21/03/2025 that allows only Central or State public sector undertakings having their own arrangement of 2 manufacturing Ayurveda medicines and having a minimum annual turnover of Rs. 3.00 Crores. forUnani formulation during the last three years will be eligible for participation and,as such, restricting the Petitioner firm and other private entities from participating in the e-procurement Tender Notification vide HMF06-2621967- Budget-UnaniDt.on21/03/2025 and not considering the representation dated 09/04/2025 made by the Petitioner as illegal, arbitrary, and in violation of Articles 14 and 19(1) (g) of the Constitution of India and violation of Principles of. Natural Justice, and set aside the same, and also consequently direct the Respondent No.2 to suspend the first pre-qualification criteria clause in the e-Procurement Tender Notification, HMF06-2621967- Budget-Unani,dated 21.03.2025, and permit the Petitioner to participate in the e-Procurement Tender Notification,HMF06-2621967-Budget-Unani, dated 21.03.2025, 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 pleased to direct the Respondents to permit the Petitioner to participate in the e-Procurement Tender Notification vide HMF06-2621967-Budget-Unani Dt.on 21/03/2025 by suspending the pre-qualification criteria clause only Central or State public sector undertakings having their own arrangement of manufacturing Ayurveda medicines and having a minimum annual turnover of Rs. 3.00 Croresfor Unani formulation during the last three years will be eligible for participation Counsel for the Petitioner: 1. THOKA DEVA DEEPAK ANIRUDH YADAV Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9691/2025 ORDER: Heard the learned counsel for the petitioner and the learned counsel for the respondents. When the matter is taken up for hearing, learned counsel for the petitioner 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 4 71 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9691/2025 27.01.2026 TTPPSS