Andhra Pradesh High Court - Amravati
M/S.Trilokpur Agro Food Products vs State Of Andhra Pradesh on 5 December, 2022
IN THE HIGH COURT OF ANDHRA Noibiet AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION}
MONDAY HE FIFTH DAY OF DECEMBER
TAO THOUSAND AND TWENTY TWO
PRESENT:
THE HONOURABLE SRI JUSTICE 0 RAMESH
WRIT PETITION NOs. 34847, 34798. 94995 ANDO 38088 OF 2022
WLP No: 34847 OF 2029
Between:
vert House Prornotic
vi. Ramana Murthy, Aged 34 years, Coo. Marketing and
Sey ore tS Phe Spy aged s ARE
Strat tsay Me ead. fa. "2 i-T8-Ge, Madhuranagar, Viayawada-S2od i
ms, Represented by ts guthorized Signatory MM.
MM
Patitianer
< pa ~ ' yoga
1, The Stale of Andhra Pradesh, Rep. by its Chief Secretary,
&. 9 Secretari iat OfRice . 'e mA mes tt ca 3
=. The Principal Seoretary
Welfare}, 3° Binck,
Velagapucdi.
3. The Comimiss i
2023
yHnissionier and Glrecter (Women and Ch
ay 289, AP Secretariat Off ne.
and Chile weifare, Andhra Prsdesh.
MARRUP PVT LTD D.no 582-14 Phase',
B48, APNC colany raed, Jawahar "Auto Nagar,
iS IARKFED. i Layout No AQ,
vie ayawada, AP -B2G0a7
MAIC a Nodd.64. APHO cofony road, Jawahar Auto Naeger,
Vilayawada, AP ~SS0007
°
Raspoandenis
ee
ation "under V Aricle 226 of the Canstitution of india praying that
olrcumstances stated in the afidavil Mec therewith, the High Gaur may be 9 nieas
to issue a wrt order or direction More particulary one in the nature of Writ
ce
Mandamus, deolaring the impugned & tender APMARKFEDICDR2022/10/14-1 da ated
t4. 10.2022 ang the corrigendum dated 27.10. 2022 an the graund that the proc eae re
adonted by
ie respondent No. to S "8 nokee hary, 'legal wyust, contrary to Law,
' S pn ncipia 'Sin aus & Same | 8 also Ni violatl ion of Princ ples -
wk es,
Fetition urcer Sectian -
the afiday'd Hed in support of
rates,
3 iE
+
"the High . court may be D ; pleased
tit AeA
STAY al further "the impugned E tender
APMARKFE DICEVS DS 2/4¢ 2, PENTING disposal af WR 3488? of
} :
S022, on the Hie of th
BR
W.P No: 34789 OF 2022 va
Between: wa
1. M/s. Sri Lakshmi Venkateswara Enterprises, D.No.2/2/216, Near
_ Viswabharathi School, Kovvur Nagar, Anantapur Rep by its Authorize
representative Miryala Ram Mohan S/o. M.Anajaneyulu, Aged 39 Years, R/o.
BNO Ad-1411-48, Venkateswara Nagar, Gunadaia, Vijayawada, Andhra
Prades ~
...Petitioner
1. Andhra Pradesh State Co-Operative Marketing Federation Ltd, {A.P.
MARKFED) Rep by its Managing Director D No. 56-2-11, Phase 3,
MARKFED, Layout No:- 49, 84, APIIC Colony Road, Jawahar Auto Nagar,
Vijayawada, Andhra Pradesh-520007.
2. Markup Private Limited, (A Consumer Division of AP MARKFED) Rep by its
Managing Director, D.No. 56-2-11, Phase 3, MARKFED, Layout No:- 49, 84,
APIIC Colony Road, Jawahar Auto Nagar, Vijayawada, Andhra Pradesh-
520007.
3. E Procurement Department IT, E & C, Department Represented by its
Director Secretariat Buildings, Velagapudi, Amaravati Guntur District.
4. The State of Andhra Pradesh, Rep by its Principal Secretary, Women and
Child Welfare Department Secretariat Buildings, Velagapudi Village, Tullur
Mandal, Guntur District.
...Respondents
ice Flakes and Multi
Grain Atta) and Supply to specified points for MARKUP" dated 17.09.2022 and
IA NO: 1 OF 2028,
Petition filed under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the WRIT petition, the High Court may be
pleased to stay of all further proceedings of Request for Proposal for Selection of
Millers/Processors for Supply of YSR SampoornaPoshana and YSR
SampoornaPoshana plus Kits (Ragi Flour, Bajra Flour, Jowar Flour, Jaggery,
Groundnut Chikki, Dry Dates, Jaggery, Rice Flakes & Multi Grain Atta) to Anganwadi
Centers for Markup" issued by respondents vide Tender ID 553376, dated
14.10.2022 and pass, Pending disposal of WP 34789 of 2022, on the file of the High
Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier Orders of the High Court dated
28.10.2022, 10.11.2022,16.11.2022.-22.11.2022 , 29.11.2022 & 30.11.2022 made
herein upon hearing the arguments of RAVITEJA PADIRI Advocate for the Petitioner
and learned Advocate General for the Respondents.
W.P No: 34985 OF. 2022
wa
Between:
1. Sri Sai Ram Enterprises, Rep by its Proprietor VenkateshYallapu, S/o
Ramakrishna Yallapu, Aged about 29 years, D.No 1-49-4/1, Sector-1, LIG-26,
MVP Colony, Visakhapatnam.
.. Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Women and
Child Welfare Department, 3% Block, 1% Floor, Room No.269, A.P Secretariat
Office, Velagapudi.
2. The Commissioner, Women and Child Welfare, Andhra Pradesh.
3. Andhra Pradesh MARKUP PVT LTD, MARKEFED, D.NO. 56-2-11, Phase 3,
'Layout No.49, 84, APIIC Colony Road, Jawahar Auto Nagar, Vijayawada,
Rep. by its Managing Director.
4. The General Manager Marketing, MARKUP PVT LTD, D.NO. 56-2-11, Phase
3, MARKEFED, Layout No.49, 84, APIIC Colony Road, Jawahar Auto Nagar,
Vijayawada.
.. .Respondents
Petition filed 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 a Writ or Order or direction more particularly one in the nature of Writ of
Mandamus declaring the action of the respondents in cancelling the "Request for
Proposal for Selection of Millers/Processgts for Supply of Different Commodities
(Ragi, Bajra, Jowar, Jaggery, Groundnut Chikki, Dry Dates, Rice Flakes and Multi
Grain Atta) and Supply to specified points for MARKUP" dated 17.09.2022 and
issuing a fresh "Request for Proposal for Selection of Millers/Processors for Supply
of YSR SampcornaPoshana and YSR SampoornaPosharia Kits (Ragi Flour,
BajraFlour, Jowar Flour, Jaggery, Groundnut Chikki, Dry Dates, Jaggery. Rice
Flakes and Multi Grain Atta) to Anganwadi Centers for Markup" vide Tender ID
553376 dated 14.10.2022 with changes in eligibility criteria as illegal, unjust, arbitrary
and amounting to colourable exercise of power, contrary to the wednesbury
Principles and suffers from faulty decision-making process and in violation of Article
14. 19(1)(g) and 21 of the Constisution of India and contrary to the transparency
principles enumerated in the Géneral Financial Rules Guidelines and Central
Vigilance Commission Guidelines and set aside the same and consequently direct
the respondents to issue- new Request Proposal (RFP) with eligibility criteria as laid
down in the RFP 17.09.2022.
IA NO: 1 OF 2022:
Petition filed under Section 151 CPC praying that in the circumstances
Stated in the affidavit filed in support of the WRIT petition, the High Court may be
pleased to stay of all further proceedings of the Impugned E tender
APMARKFED/CD/2022 /10/14-1, dated 14.10.2022, pending disposal of WP 34985
of 2022, on the file of the High Court. La
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier Orders of the High Court dated
28.10.2022, 10.11.2022, 16.11.2022 , 22.11.2022 , 29.11.2022 & 30.11.2022
made herein upon hearing the arguments of P PADMAVATHI Advocate for the
Petitioner, learned Advocate General for the Respondents.
W.P No: 35096 OF 2022
Between:
1. M/s. Sanwaria Sweets Private Limited, Door No.7-205-1, Adarsh Nagar, Near
Prasannayapalli Gate Anantapur, Andhra Pradesh-515001 Rep. by its
Authorised Representative Sri. PeddasaniMadhuSudhan Reddy S/o.
Peddasani Ramakrishna Reddy.
.. .Petitioner
AND"
1. State of Andhra Pradesh, Rep. S ts Principal Secretary Department of
Agriculture Marketing and Co-operation AP Secretariat, Velagapudi, Guntur
District.
2. The Principal Secretary, Women Development and Child Welfare Department
Government of Andhra Pradesh Jampani Towers, Amaravathi Road, Guntur-
522006.
3. Andhra Pradesh State Co-operative Marketing Federation Limited (AP
MARKFED), #56-2-11, 4° and 5" Floor, AP MARKFED building APIIC
Colony, Jawahar Auto Nagar Vijayawada - 520 007 Rep. by its Managing
Director.
4. The General Manager Andhra Pradesh State Co-operative Marketing
Federation Limited, (AP MARKFED) #56-2-11, 4" and 5" Floor, AP
MARKFED building APIIC Colony, Jawahar Auto Nagar Vijayawada - 520 007
5. Markup Private Limited, #56-2-11, Phase 31 Markfed Lay at no. 49/84 APIIC
Colony Road, Jawahar Auto Nagar Vijayawada - 520 007 Rep. by its
Managing Director.
...Respondents
Petition filed 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 a Writ or Order or more in direction or Writ of Mandamus declaring the
action of the Respondents in issuing the impugned eligibility criterion stipulating that
"the bidder must have an experience of milling/supplying all the products specified in
YSR SampoornaPoshan and Poshan Pius Kits for any of the two years (need not be
continuous) during the last five years period, i.e., from 2017-18 to 2021-22 at least in
one district or to 2500 Anganwadi Centers in the State of AP in the Request for
Proposal (RFP) and the Corrigendum dated 24.10.2022 for the selection of
millers/processors for supply of YSR SAMPOORNA POSHANA and YSR
SAMPOORNA POSHANA + kits to Anganwadi Centers for the Respondent No.5, as
illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of
India algae set aside the same and to permit the petitioner and eligible
bidders'o participate in the said tender. ;
\A NO: 4 OF 2022:
Petition filed under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the WRIT petition, the High Court may be
pleased to stay all proceedings pursuant to the Tender ID 553376 dated 14.10.2022
issued by the Respondent No.5 Or in the alternative to direct the Respondent No.5
to permit the petitioner to participate in the bidding process without reference to the
eligibility criteria Point No.4 as stipulated in the RFP for the Tender ID 553376 dated
49.10.2022 and the corresponding corrigendum on the said RFP dated 21.10.2022
pending disposal of WP 35096 of 2022, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier Orders of the High Court dated
28.10.2022 , 10.11.2022, 22.11.2022 , 29.11.2022 & 30.11.2022 made herein upon
hearing the arguments of M/S INDUS LAW FIRM Advocates for the Petitioner and
learned Advocate General for the Respondents and the Court made the following:
COMMON ORDER:
"At request of learned Government Pleader as well as the learned counsel for the unofficial respondentis, post on 06.12.2022. Learned counsel for the petitioner/s submitted that earlier interim order =a is extended till today. a"
Considering the same, interim order granted earlier is extended by three (03) more days."
SD/- AVIJAYA BABU ASSISTANT, ees /fTRUE COPYi/ \ I SECTION OFFICER 7\. One CC to SRI MAHESH RAJE Advocate (OPUC]
2. Two CCs to GP FOR GAD, High Court of Andhra Pradesh. [OUT] ~~ 3. Two Ces To GpFor Women AndChild Welfare Development, High Court Of AP [OUT]
4. One CC to SRI. RAVITEJA PADIRI Advocate [OPUC]
5. One CC to SRILATHA REDDY, Standing Counsel [OPUC]
6. Two CCs to GP for INFORMATION TECHNOLOGY [OUT]
7. One CC to SMT. P PADMAVATH} Advocate [OPUC]
8. One CC to SMT. GAYATHRI REDDY, STANDING COUNSEL [OPUC]
9. One CC to SRI. M/S INDUS LAW FIRM Advocate [OPUC]
40.Two CCs to GP FOR AGRICULTURE, High Court Of Andhra Pradesh. {OUT]
11.One spare copy psk NIGH COURT OR, DATED OS 2/2009 NOTE: POST ON 08.42.2082 COMMON ORDER WRIT PETITION NO: 34847, 34789, 34988 AND 38086 OF 2022 INTERN ORDER EXTENDED