APHC010410002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22196/2026 Between: 1. SHAIK JAMEER BASHA, S/O. SRI S. BASHA SAHEB, AGED ABOUT 53 YEARS, OCCUPATION BUSINESS, PROPRIETOR, M/S AMMA STUDENT MESS, R/O. D.NO. 46-517-4C, UPSTAIRS, BUDHAVARPETA, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH -518002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522238, 2. THE DIRECTOR OF MEDICAL EDUCATION, NEAR THE OLD GOVERNMENT GENERAL HOSPITAL HANUMANPETA, VIJAYAWADA, 520003 3. THE DEPUTY DIRECTOR OF NURSING OFFICE, NEAR THE OLD GOVERNMENT GENERAL HOSPITAL HANUMAN PETA VIJAYAWADA 520003 4. THE PRINCIPAL, GOVERNMENT COLLEGE OF NURSING, KURNOOL, KURNOOL - 518002, ANDHRA PRADESH. ...RESPONDENT(S): 2 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 to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of Respondent No. 4 in directing the Petitioner, vide Proceedings dated 30.06.2026 and reiterated vide Proceedings dated 01.08.2026, to vacate the mess with effect from 04.08.2026, and the decision of the Respondents to discontinue the tender- based mode of engaging mess services and to entrust the mess to a Committee of nursing students, as arbitrary, illegal, contrary to the terms of the Agreement dated 25.07.2025 and the principles underlying Sections 62, 63 and 70 of the Indian Contract Act, 1872, and violative of Article 14 of the Constitution of India and consequently direct the Respondents to refrain from implementing the proposed student- mess-committee arrangement for a period of six (6) months from 04.08.2026, or until completion of a fresh, transparent tender process, whicheveris earlier And consequently direct the Respondents to extend the term of the Agreement dated 25.07.2025 between the Petitioner and Respondent No. 4 by a period of six (6) months from 04.08.2026, having regard to the financial loss suffered by the Petitioner IA NO: 1 OF 2026 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 stay the operation of the Proceedings dated 30.06.2026 and 01.08.2026 and direct the Respondents to permit the Petitioner to continue rendering mess services to the nursing students of Respondent No.4 institution on the existing term Counsel for the Petitioner: 1. AKHIL PAVAN YEDIDA Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22196 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of Respondent No.4 in directing the Petitioner, vide Proceedings dated 30.06.2026 and reiterated vide Proceedings dated 01.08.2026, to vacate the mess with effect from 04.08.2026, and the decision of the Respondents to discontinue the tender-based mode of engaging mess services and to entrust the mess to a Committee of nursing students, as arbitrary, illegal, contrary to the terms of the Agreement dated 25.07.2025 and the principles underlying Sections 62, 63 and 70 of the Indian Contract Act, 1872, and violative of Article 14 of the Constitution of India and consequently direct the Respondents to refrain from implementing the proposed student-mess-committee arrangement for a period of six (6) months from 04.08.2026, or until completion of a fresh, transparent tender process, whichever is earlier and consequently direct the Respondents to extend the term of the Agreement dated 25.07.2025 between the Petitioner and Respondent No.4 by a period of six (6) months from 04.08.2026, having regard to the financial loss suffered by the Petitioner and pass such other order or orders.…” 2. The 4th respondent issued a notice dated 01.08.2026 directing the petitioner to vacate from the premises with effect from 04.08.2026 and to entrust the mess to Students-Mess-Committee. Aggrieved by the same, the present writ petition has been filed. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Medical and Health appearing on behalf of respondents. 4 4. Learned counsel for the petitioner placed reliance on judgment of the Division Bench of this Court in W.A.Nos.546 and 562 of 2025, dated 06.05.2025 in paragraph No.9, wherein it was held that whether the lease for supply of diet should be continued to the petitioner or not, should depend on the factors, which are otherwise necessary to be considered for grant of extension in terms of the tender document. 5. Therefore, without going into merits of the case, with the consent of both the learned counsel, the present Writ Petition is disposed of, permitting the petitioner to submit representation to the respondent authorities for extension of lease period and the respondents are directed to consider the same and pass appropriate orders, in accordance with law, and communicate the decision to the petitioner within a period of one week from the date receipt of representation. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.08.2026 KBN 5 19 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22196 of 2026 Date: 06.08.2026 KBN