APHC010422362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 971 of 2026 Bench Sr.No:-3 [3584] Ragavendra Food Supplies ...Appellant Vs. Bandlamuri Madhavi and Others ...Respondent(s) ********** CORAM :THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 3rd September 2026 Present: Advocate for Appellant: B.ABHAY SIDDHANTH MOOTHA Advocate(s) for Respondent(s): GP FOR REVENUE, GP FOR MED HEALTH AND FAMILY WELFARE, SIREESHA RANI VALLABHANENI JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan) Present appeal is preferred challenging order dated 29.07.2026 in W.P. No.20588 of 2026, passed by learned Single Judge, whereby writ petition filed by the respondents 1 to 3 herein came to be disposed. 2 HCJ & CGR, J W.A. No.971 of 2026 2. The respondents 1 to 3 herein/writ petitioners filed writ repetition seeking following relief: “to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, 2 to 4 particularly Respondent No.4 (Principal, Government Medical College, Nandyal) and their subordinates, in highhandedly conducting the tender process for the mess contract at Government Medical College, Nandyal, in a clandestine, non- transparent and arbitrary manner without issuing prior intimation to the Petitioner, without adequate publicity, and by displaying the tender notice on the notice board for a token period before removing it as illegal, irregular, irrational and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents, particularly Respondent No.2 (a) forth with order an enquiry into the tender process conducted for the mess contract at Government Medical College, Nandyal, and if found to be irregular, arbitrary or lacking in transparency, to cancel/set aside the said tender; (b) issue a fresh tender notification with wide and adequate publicity, giving equal and fair opportunity to all interested persons, including the Petitioner, to participate in accordance with law; and pass such other orders.” 3. (a) The respondents/writ petitioners claimed to be running boys and girls hostel mess at Government Medical 3 HCJ & CGR, J W.A. No.971 of 2026 College, Nandyal. That in pursuance to short tender notice issued by the 5th respondent inviting sealed rate covers between 22.07.2024 and 29.07.2024, they were selected and awarded to run the hostel mess for the academic session 2024-2025. The said contract was further extended for the next academic year 2025-26, accordingly, they continued to cater the services till date. (b) The 5th respondent stated to have floated fresh tender in the month of July, 2026 for the current academic year without proper advertisement and in collusion with others, despite the writ petitioners catering the services to utmost satisfaction of the students. The tender notice was displayed on college notice board for a brief period and later removed, and on such basis, the contract was sought to be awarded to the interested parties, which is without ensuring wide publicity, competition and fair opportunity to all stakeholders. The method, manner and procedure adopted in conducting tender process is thus vitiated. (c) The petitioners also claimed that the residents of hostel have made representation dated 17.06.2026 to 5th respondent requesting continuation of writ petitioners for a further period of one year, despite the same, as official respondents have 4 HCJ & CGR, J W.A. No.971 of 2026 been taking steps to terminate the contract services of writ petitioners and proceeding further with the confirmation of tender, they approached this Court by filing present writ petition. (d) The writ petition was listed on 27.07.2026, on which date, learned Government Pleader for Medical and Health requested time to secure instructions, accordingly, the matter was adjourned to 29.07.2026. On the said day, learned Government Pleader stated to have requested learned Single Judge to pass appropriate orders, accordingly, the writ petition was disposed directing respondents therein to issue notification inviting tenders and follow procedure for awarding the contract and till such time, the petitioners were directed to continue to run the mess. (e) Aggrieved by the same, the successful tenderer in whose favour contract has been awarded preferred present appeal. 4. Heard Sri B.Abhay Siddhanth Mootha, learned counsel for appellant, learned Government Pleader for Revenue and learned Government for Medical and Health appearing for official respondents and Smt.Sireesha Rani Vallabhaneni, 5 HCJ & CGR, J W.A. No.971 of 2026 learned counsel appearing for unofficial respondents/writ petitioners. 5. Learned counsel for appellant submitted that in pursuance to tender notice dated 09.07.2026 issued by 8th respondent, the contract of maintaining boys and girls mess at Government Medical College, Nandyal, for academic year 2026-2027 was finalised on 16.07.2026 in favour of the appellant, without disclosing the said aspect, the writ petitioners, by playing fraud, allowed the learned Single Judge to pass impugned judgment. It is also stated that neither the official respondents had brought to the notice of learned Single Judge the factum of issuance of tender notice dated 09.07.2026, opening of the bids offered by five participants and finalising the same in favour of the appellant on 16.07.2026, thus, the order of learned Single Judge is unsustainable. 6. Learned counsel for the writ petitioners, however, tried to support the order passed by learned Single Judge by contending that the tender procedure adopted by 8th respondent is neither transparent nor widely advertised by proper medium to attract maximum participation, thus, the procedure adopted is vitiated. Learned counsel also 6 HCJ & CGR, J W.A. No.971 of 2026 submitted that the writ petitioners are to receive substantial amounts from the students for the services rendered so far, in case are to vacate immediately, they will not be in a position to recover the same and shall be exposed to serious financial consequences. 7. Learned Government Pleader for Medical and Health, by placing on record written instructions dated 01.09.2026, would submit that the 8th respondent had been consistently following the procedure of calling for short tender notice by displaying the same in the college notice board inviting interested parties to submit the bids, the same procedure was followed during the year 2024-25, when the writ petitioners were selected and awarded the contract. The same procedure is now yet again followed for the academic year 2026-2027 by displaying notice for a period of 5 days i.e., from 09.07.2026 to 13.07.2026. In pursuance to the same, about 5 participants submitted their bids, of which, ultimately the appellant stood successful. Thus, it is stated that the tender process was conducted in fair and transparent manner, as was done earlier, which cannot be found fault with. It is also submitted that the writ petitioners did not participate in the tender for reasons best known to them, therefore, now they 7 HCJ & CGR, J W.A. No.971 of 2026 cannot be allowed to continue beyond their initial contract period. 8. We have gone through the record and considered the submissions made by respective counsels. 9. The respondents/writ petitioners, who are now presently running the mess, came to be awarded the contract initially for the year 2024-2025. Even at that point of time, tender notice was issued by displaying in college notice board and thereafter, out of 8 prospective bidders, the contract was eventually confirmed in favour of the writ petitioners. Though the short tender notice was only for year 2024-25, the same was later extended for subsequent academic year 2025-26 based on the request of writ petitioners. The period of contract thus was to end by 30.06.2026. Therefore, the 8th respondent issued a new short tender notice for the academic year 2026-2027, which was displayed on notice board of the College from 09.07.2026 to 13.07.2026. In response, 5 bids were received, out of which, the tender was allotted in favour of the appellant. 10. Had the writ petitioners or official respondents appraised the learned Single Judge that in pursuance to short tender notice dated 09.07.2026, bids have already been 8 HCJ & CGR, J W.A. No.971 of 2026 evaluated by tender committee and finally confirmed in favour of the appellant, the same would not have resulted in passing the impugned order. 11. Be that as it may, in view of the facts and circumstances as placed before us, the impugned order passed by learned Single Judge is not sustainable, accordingly, we hereby set aside the same. We also grant liberty to the respondents/writ petitioners to seek appropriate remedies in case they are aggrieved by the short tender notice and the consequential award of contract in favour of the appellant. 12. Accordingly, this writ appeal stands allowed. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J SS