| |
CDJ 2026 APHC 016
|
| Court : High Court of Andhra Pradesh |
| Case No : Writ Petition Nos: 36813, 36822, 36833 & 36836 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE GANNAMANENI RAMAKRISHNA PRASAD |
| Parties : M/S. Sri Sai Constructions, Rep., By Its Proprietor D. Ramprasad Versus The State Of Andhra Pradesh, Rep., By Its Principal Secretary, Energy Department, Secretariat Building, Velagapudi, Amaravathi, Guntur & Others |
| Appearing Advocates : For the Petitioner: V.R. Reddy Kovvuri, Advocate. For the Respondents: GP For Energy. |
| Date of Judgment : 02-01-2026 |
| Head Note :- |
| Subject |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
2. Catch Words:
Not mentioned.
3. Summary:
The writ petitions challenge the cancellation of a tender notification dated 12‑09‑2025 by a corrigendum dated 24‑10‑2025, alleging mala‑fide intent to favor Respondent No. 6, which lacked a required Certificate of Registration at the first stage. Respondent No. 6 later obtained the certificate on 15‑10‑2025 and was awarded the contract under a fresh tender dated 14‑11‑2025. The court observed that the cancellation was made without reasons and that the balance of convenience favoured the petitioners. Consequently, the court directed the official respondents to suspend all further proceedings under the second tender notification pending further hearing. The Principal Secretary, Department of Energy, was ordered to place the complete tender records in a sealed cover before the Judicial Registrar by 05‑01‑2026. The matter was listed for further hearing on 06‑01‑2026.
4. Conclusion:
Injunction Granted |
| Judgment :- |
|
Common Oral Order:
1. Heard Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioners and Sri V.V. Sathish, learned Standing Counsel for APEPDCL assisted by Sri Y. Nagendra, learned Counsel.
2. These Writ Petitions are filed questioning the action of the Respondents in cancelling the Tender Notification on 24.10.2025 as regards the Tender Notification issued on 12.09.2025.
3. The facts on record in W.P.No.36813 of 2025, as submitted by Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioners, are to the effect that in pursuance of the Tender Notification dated 12.09.2025, all the bidders have submitted bids before the last date i.e., on 26.09.2025. It is submitted that vide Corrigendum dated 24.10.2025, the Tender Notification issued on 12.09.2025 was cancelled without assigning any reasons. Thereafter, on 14.11.2025, the Respondents have issued a fresh Tender Notification with regard to the same subject matter that is involved in the earlier Tender Notification dated 12.09.2025. All the present Writ Petitioners have also participated in the tender process. It is submitted that the second Tender Notification dated 14.11.2025 was further processed and the Writ Petitioners herein came to know that the Unofficial Respondent No.6 was given the contract.
4. Learned Counsel for the Writ Petitioners would submit that cancellation of the earlier Tender Notification vide Corrigendum dated 24.10.2025 is mala fide on account of certain events and facts which the Writ Petitioners have come to know at a belated stage. He would submit that the Unofficial Respondent No.6 did not have the essential requirement of a Certificate of Registration at the time of submitting its bid at the first notification stage, and that the Official Respondents, in order to accommodate the Unofficial Respondent No.6 to procure the Certificate of Registration, have cancelled the Tender Notification with a mala fide intention.
5. It transpires from the facts that the Respondent No.6 has obtained Certificate of Registration on 15.10.2025, admittedly, which was not submitted by the said Respondent under the first Tender Notification. The said Respondent No.6 has submitted Certificate of Registration in the second Tender Notification dated 14.11.2025.
6. The above facts would indicate that the balance of convenience, prima facie, is in favour of the Writ Petitioners herein, inasmuch as the earlier Tender Notification dated 12.09.2025 was cancelled by the Official Respondents on 24.10.2025 without assigning any reasons, and the subsequent events which have unfolded would indicate that the Unofficial Respondent No.6, which did not have the Certificate of Registration during the first tender process, subsequently procured the Certificate of Registration on 15.10.2025.
7. In this view of the matter, the Official Respondents are directed to suspend all further proceedings in relation to the Tender Notification dated 14.11.2025 till the next listing.
8. The Principal Secretary, Department of Energy (Respondent No.1) is directed to place on record the entire record relating to the Tender Notification dated 12.09.2025 and also the Tender Notification dated 14.11.2025 in a Sealed Cover. The said documents shall be submitted before the Registrar (Judicial) on or before 05.01.2026.
9. List the matters on 06.01.2026 in the motion list.
|
| |
