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2026 DAILYLAW 6060 (AP)

Sri Abhaya Girijana Mutually Aided Labour Contract Co-Operative Society Limited, v. The State of Andhra Pradesh,

WP/8271/2021 · 2026-07-20

Venkateswarlu Nimmagadda

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 21.07.2026 Date of uploading : 24.07.2026 APHC010149542021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8271/2021 Between: 1. SRI ABHAYA GIRIJANA MUTUALLY AIDED LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED,, VALASI, KARAKA VALASA, ANANTHAGIRI MANDAL, VISAKHAPATNAM DISTRICT REP. BY ITS PRESIDENT CHOMPI PRASAD, S/O CHOMPI RAMANNA, AGED 35 YEARS, R/O KARAKA VALASA, VALASI, ANANTHAGIRI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. ANDHRA PRADESH MINERAL DEVELOPMENT CORPORATION, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, DR.O.294/1D, TADIGADAPA TO ENIKEPADU 100 FT. ROAD, KANURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA. 3. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE COMMISSIONER, TRIBAL WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SIDHRTHA NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 5. DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 6. PROJECT DIRECTOR, INTEGRAL TRIBAL DEVELOPMENT AGENCY (ITDA), PADERU, VISAKHAPATNAM DISTRICT. 7. THE TAHASILDAR, ANANTHAGIRI MANDAL, VISAKHAPATNAM DISTRICT. 2 ...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 orders especially in the form of WRIT OF MANDAMUS declaring the action of the respondent authorities in insisting the only individuals shall participate in the tender for working of Calcite mining in Nimmalapadu Village, Ananthagiri Mandal, Visakhapatnam District, scheduled area and insisting the heavy equipment must be owned by the bidders is illegal, arbitrary and unconstitutional and consequently direct the respondent authorities to declare such onerous condition defeats the policy of the welfare state as well as letter and spirit of Constitution and the letter of spirit of the Judgments and direct the Respondent Corporation to call for fresh tenders permitting the tribal cooperative societies to participate without insisting for the ownership of heavy documents at the time of filing the tender itself after setting aside Tender No.APMDC/GEO/CAL-NMP-1/20-21 Dated 16.03.202 lof APMDC and direct the Respondents 1, 3and 4 to form committees as envisaged in Samata judgment and pass IA NO: 1 OF 2021 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 not to finalize the Tender No.APMDC/GEO/CAL-NMP-1/20-21 dated 16-03- 2021 or grant LOI to any one and pass Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. V R N PRASHANTH 2. GP FOR SOCIAL WELFARE 3. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARULU NIMMAGADDA WRIT PETITION NO.8271 OF 2021 ORDER: 1. The present writ petition has been filed under Article 226 of the Constitution of India challenging the tender notification dated 16.03.2021 issued by the respondent corporation. The petitioner has questioned the condition in the tender requiring bidders to own heavy mining equipment, contending that this condition is unduly burdensome and contrary to the policy of the State. 2. On 09.04.2021, this Court granted an interim order for an initial period of three weeks. During the pendency of the interim order, and in view of the reasons admitted in the written instructions, the respondent corporation cancelled the tender notification dated 16.03.2021. 3. Since the tender notification under challeng in the present writ petition has been cancelled, no further issue survives for consideration in this matter. 4. Accordingly, the writ petition is closed No order as to costs. 4 5. Consequently, miscellaneous applications pending if any, shall also stand closed. _______________________________________ JUSTICE VENKATESWARULU NIMMAGADDA Date:21.07.2026 SP Whether the order is : Speaking Yes / Reasoned No Reportable No / Non-Reportable Yes 5 61 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.8271 OF 2021 Date:21.07.2026 W SP