Andhra Pradesh High Court - Amravati
Banam Nookaraju vs The State Of Andhra Pradesh on 18 March, 2026
APHC010145172026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
WEDNESDAY,THE EIGHTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 7708/2026
Between:
1. BANAM NOOKARAJU, S/O. B.SOMULU, AGED 54 YEARS, R/O
D.NO.TY2G/8, KANNABBAI CAMP, DONKARAI, BODDAGANDI
PANCHAYATHI, DONKARAI, ALLURI SEETHARAMARAJU DISTRICT-
533348.
2. KILLO MADHAN, S/O.K.DHANUNJAY AGED 27 YEARS, R/O D.NO.C-
6(L), FISH MARKET, SILERU, GUDEM KOTHAVEEDHI,
DUPPALAVADA, ALLURI SEETHARAMARAJU DISTRICT-531133
3. DAMALA MALLIKARJUNA, S/O. NAGANNA, AGED 41 YEARS, R/O
D.NO.2C/28, AUTO NAGAR, BSNL OFFICE, DONKARAI, EAST
GODAVARI DISTRICT-531110.
4. SADE VIJAYA KUMAR, S/O. S. RAJASUDARSANAR RAO(LATE)
AGED 43 YEARS, R/O D.NO.28-18-01, YERUKULA VEEDHI, NEAR
VADLAPUDI BUS STOP, KANITH (RH)COLONY, VISAKHAPATNAM
DISTRICT-530046
5. DAMALA PADMAVATHI, W/O. D.MALLIKARJUNA, AGED 39 YEARS,
R/O D.NO.2-10, ABHIPURAM, BOLLAVARAM, THIMMAPURAM,
MAHANANDI, KURNOOL DISTRICT-518512.
6. CHELLI SYAM SON, S/O. RAJARAO, AGED 52 YEARS, R/O
D.NO.2F/5, 6TH CROSS ROAD, UPPER SIIERU, GUDEMKOTHA
VEEDHI(M), VISAKHAPATNAM DISTRICT
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237.
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2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT
BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT -
522237.
3. THE ANDHRA PRADESH POWER GENERATION CORPORATION
LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR,
VIDYUT SOUDHA, GUNADALA, VIJAYAWADA-520004.
4. THE CHIEF ENGINEERO AND M, LOWER SILERU HYDRO
ELECTRIC SCHEME MOTHUGUDEM, ALLURI SEETHARAMARAJU
DISTRICT-533347
5. THE SUPERINTENDING ENGINEER, CIVIL(O AND M), UPPER
SIIERU HYDRO ELECTRIC SCHEME, ANDHRA PRADESH POWER
GENERATION CORPORATION LIMITED, SIIERU, ALLURI
SEETHARAMARAJU DISTRICT-531105.
...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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the respondents, in not earmarking any civil contract works relating to hiring of vehicles as notified in Tender Notice No.l3/2025-26/CE/O and M/LSHES/EE(T)/ AEE(T)/D.No.n43/2025-26, dt 06.03.2026, on the file of 3 respondent and Tender Notice No.40/2025-26/SE/C(O and M)C/SLR/ Dy.EE(T)/AEE(T)/D.No.196/25-26, dt 07.03.2026, on the file of 4th respondent to the local Scheduled Casted and Scheduled Tribes/individuals, inspite of clear policy decision of Government in G.O.Ms.No.30 Social Welfare Department, dt 17.02.1994 and subsequent instructions issued by Government as highly illegal. arbitrary, violative of Article 14 of the Constitution of India, consequently set aside the Impugned Tender Notice No.13/2025-26/ CE/O and M/LSHES/EE(T)/AEE(T)/D.NoJ143/2025-26, dt 06.03.2026, on the file of 3rdrespondent and Tender Notice No.40/2025-26/ SE/ C(O and M)C/SLR/Dy.EE(T)/AEE(T)/D.No.196/25-26, dt 07.03.2026, on the file of 4th respondent, by further directing the respondents to earmark civil contract works relating to hiring of vehicles in favour of local Scheduled Castes and Scheduled Tribes/registered contractors. including the petitioners, in the interest of Justice Counsel for the Petitioner(S):
1. G V SHIVAJI 3 Counsel for the Respondent(S):
1. GP FOR ENERGY
2. GP FOR SOCIAL WELFARE The Court made the following ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:
"........declaring the impugned action of the respondents, in not earmarking any civil contract works relating to hiring of vehicles as notified in Tender Notice No.l3/2025-26/CE/O and M/LSHES/EE(T)/ AEE(T)/D.No.n43/2025-26, dt 06.03.2026, on the file of 3 respondent and Tender Notice No.40/2025-26/SE/C(O and M)C/SLR/ Dy.EE(T)/AEE(T)/D.No.196/25-26, dt 07.03.2026, on the file of 4th respondent to the local Scheduled Casted and Scheduled Tribes/individuals, inspite of clear policy decision of Government in G.O.Ms.No.30 Social Welfare Department, dt.
17.02.1994 and subsequent instructions issued by Government as highly illegal. arbitrary, violative of Article 14 of the Constitution of India, consequently set aside the Impugned Tender Notice No.13/2025-26/ CE/O and M/LSHES/EE(T)/AEE(T)/ D.NoJ143/2025-26, dt 06.03.2026, on the file of 3rdrespondent and Tender Notice No.40/2025-26/ SE/ C(O and M)C/SLR/Dy.EE(T)/AEE(T)/D.No.196/25-26, dt 07.03.2026, on the file of 4th respondent, by further directing the respondents to earmark civil contract works relating to hiring of vehicles in favour of local Scheduled Castes and Scheduled Tribes/registered contractors. including the petitioners, in the interest of Justice......."
2. Heard Sri G.V. Shivaji, learned counsel for the petitioners appearing through online and Sri K. Krishna Bhushan Chowdary, learned Standing Counsel for respondent A.P. Genco. With the consent of both the parties, the writ petition is being disposed of at the stage of admission.
3. Learned counsel for the petitioner, referring to the affidavit filed in support of the writ petition, submits that the petitioners belong to the Schedule Caste and Schedule Tribes communities and they are living in the agency 4 area. He submits that the petitioners have licensed contracts under Class-V registered on the rolls of the 3rd respondent, A.P. Genco and they are depending solely on petty contract works in and around the agency area.
4. While that being the position, the respondent Nos.3 & 4 issued tender notification dated 06.03.2026 and 07.03.2026 for hiring of various vehicles to be utilized for conveyance of various officers working under the 3rd respondent Corporation within Lower Sileru and Upper Sileru projects predominantly at agency area. He submits that the said action of the respondents is contrary to the G.O.Ms.No.30 Social Welfare Department dated 17.02.1994 issued by the Government of A.P., way back in the year 1994, for the welfare of depressed communities. He further contends that the respondent authorities, instead of adhering to the said G.O., have chosen to issue Tender notices dated 06.03.2026 and 07.03.2026 are liable to be set-aside.
5. Learned counsel also submits that the petitioners made detailed representation dated 12.01.2026 to the 3rd respondent through registered post and also preferred representation to the other respondent authorities, which were received by the respondent Corporation on 13.01.2026, but the same were not redressed by the respondent authorities till today. He also submits that if the tenders are processed further, the petitioners would suffer serious prejudice and irreparable loss and hardship. Hence, the writ petition.
6. Conversely, the learned Standing Counsel for A.P. Genco submits that the very petitioners are already extending the services to the 3rd respondent Corporation by engaging vehicles for the last several years, as such, the 3rd 5 respondent Corporation is not excluding the rights of the Scheduled Tribes and other depressed classes.
7. A perusal of G.O.Ms.No.30 Social Welfare Department, dated 17.02.1994, clearly reveals that, undisputedly, the 2nd respondent issued the said G.O., for the upliftment of the primitive groups and to avoid middleman and contractor exploitation, further to complete the works in the agency area, swiftly stipulated certain measures and guidelines. Moreover, the rival submissions advanced by the respective counsel also do not dispute the eligibility criteria of the petitioners.
8. That being the position and in view of the fact that the petitioners have already preferred representation through registered post, which is pending before the 3rd respondent, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following order:-
i. The 3rd respondent is directed to consider the representation dated 12.01.2026 preferred by the petitioners and dispose of same, in terms of G.O.Ms.No.30 dated 17.02.1994, other relevant G.Os and Memos issued by the Government of Andhra Pradesh for upliftment of Scheduled Tribes and Scheduled Castes people in the agency area, as well as, in accordance with Law, as early as possible, within a period of (1) one week, from the date of receipt of copy of this Order.
ii. The 3rd respondent is also directed to communicate the said orders to be passed on the representation to the petitioners. iii. Till the disposal of the petitioners' representation by the 3rd respondent, the respondents are directed to defer the tender proceedings.
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9. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed.
_______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 18.03.2026 GVK 7 97 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No. 7708 of 2026 Date: 18.03.2026 GVK