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Andhra Pradesh High Court - Amravati

Sri Vaisakhi Sc,St Welfare Association vs The State Of Andhra Pradesh on 12 June, 2025

              IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
                            THURSDAY, THE TWELFTH DAY OF JUNE,

                               TWO THOUSAND AND TWENTY FIVE

                                             :PRESENT:

         Tfu+ONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
                                          IANo.1 OF2025

                                                 lN

                                      WP NO: 14195 OF 2025
         Between:
           1. Sri Vaisakhi SC, ST Welfare Association, Rep. by its President Pilli

              Suvarna Raju S/o. Simhachalam, Aged 34 years. Office +. 50-70-3,
              See{hammadhara, Visakhabatnam City, Visakhapatnam District.
           2a Sri Pydimamba Man Power Suppliers, Rep by its Propreitor Madepalli

             Ajay Sudheer Sai, S/o Bhaskara Rao, aged about 28 years. Officer @
              D.No        52-14-18/3/1,   Resapuvani   Palem,     Near    St     Peters    school,

              Visakhapatnam, Andhra Pradesh.
           3. Sri Ganesh Sai Fabrication Works, Rep by its President Kumpati
              Venkata Lakshmi Narasimha Rao, S/o Sesha Giri Rao, Aged about 45

              years, R/o LIG 246, Autonagar, Gajuwaka, Visakhapatnam, Andhra
              Pradesh.
                                                                                 ...Petitioners
                                                 AND

           1. The State of Andhra PradeSh, Rep. by its principal Secretary tO
              Government,        Municipal   Ad`ministration     and     urban    Development

              Department, Secretariat, VelagaPudi, Amaravati, Guntur District.
           2. The    Greater     VisakhaPatnam    Municipal     corporation,     Rep.     by   'ltS
              commissioner, Tenneti Bha-Van, Visakhapatnam city, visakhapatnani
              District.

           3. The District Medical and Hea-Ith officer, visakhapatnam District at
              Visakhapatnam.




ifef-`
                                                                                     \


  4. The    Chief    Medical   Officer    and     Health   Officer,   The     Greater
     visakhapatnam       Municipal       Corporation,      Visakhapatnam        City,
     Visakhapatnam District.

  5. The City Veterinary Officer, The Greater Visakhapatnam Municipal
      corporation visakhapatnam City, Visakhapatnam District.
                                                                  ...Respondents


Counsel for the Petitioners                     : Sri Turaga Sai Surya

counsel for the Respondent No.1                 : GP for Municipal

                                                 Administration Urban
                                                 Development
Counsel for the Respondent NoS.2, 4 & 5: Sri A.S.C.Bose,
                                                 Standing Counsel
Counsel for the Respondent No.3                 : GP for IVIedical Health &

                                                 Family Welfare




      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 to suspend the operation of Impugned Proceedings in R.C. No.
6042/2000/F5/Ph/CVO dated 03-06-2025, issued by the 2nd respondent, and
consequently direct the respondents particularly 2nd respondent to continue
the petitioners to undertake the entrusted work till completion of Work Order
during 2024-2026 in terms of the Work Orders issued by the 2nd respondent,
pending disposal of WP No.14195 of 2025, on the file of the High Court.


      The court while directing issue of notice to the Respondents herein to
show cause as {o why this application should not be complied with, made the
following (The receipt of this order will be deemed tO be the receipt Of notice in
the case)
                                                                                         EEEl

ORDER:

[[Heard learned counsel for the petitioners.

Learned Standing Counsel for the respondents 2, 4 and 5 seeks time to get instructions.

The petitioners, after participating in the Tender process, emerged as successful highest bidders. Subsequently, the 2nd respondent issuedJ work orders v,-c/e Rc.No.6042/2000/F5/PH dated nil.ll.2024 to the petitioners in respect of Zones I, ll and Ill of GVMC.

It is the specific case of the petitioners that the 2nd respondent issued notice dated 26.04.2025, directing the petitioners to strictly comply with the tender conditions and also cautioning them that any default would lead to cancellation bf tenders.

]n reply to the same, the petitioners submitted a detailed reply/explanation on 29.05.2025 to the 2nd respondent by stating that they are strictly adhering to the conditions without any retraction.

Thereafter, the 2nd respondent, without considering the reply/explanation dated 29.05.2025 of the petitioners, has straight away issued the impugned orders v,-de Rc.No.6042/2000/F5/PH/CVO dated o3.06.2025, cancelling the p`e-titioners' work orders and alleging violations of the tender conditions.

L \ A plain reading of the abdve impugned Orders dated 03.06.2O25, issued by the 2nd respondent, would disclose that there iS nO reference to the reply/explanation dated 29|05.2025 submitted by the petitioners tO the Notice dated 26.04.2025.

pr,-ma fac,-e, non consideration of the explanation before passing the impugned orders amounts to gross violation of principles of natural prayed for, for a period of three weeks."

                                                                                       -/
                                                                               Sd/- K.!TA+A` BAG
                                                                            DEPUTY 'REGIS-i-RAE
                                                                                       .i`viJi

                                       //TRUE COPY//                         SECTION'OFF!CER
                                                                    For
To,

1. The Principal Secretary to Government, State of Andhra Pradesh, Municipal Admi`nistration and Urban Development Department, secretariat, ve'agapudi, Amaravati, Guntur District.( by Special Messenger)

2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Visakhapatnam City, Visakhapatnam District.

3. The District Medical and Health Officer, Visakhapatnam District at Visakhapatnam.

4. The Chief Medical Officer and Health Officer, The Greater visakhapatnam Municipal Corporation, Visakhapatnam City, Visakhapatnam District.

5. The City Veterinary Officer, The Greater Visakhapatnam Municipal corporation visakhapatnam city, Visakhapatnam District.

(Addressee nos.2 to 5 by RPAD)

6. One CC to Sri Turaga Sai Surya, Advocate [OPUC]

7. One CC to Sri A.S.C.Bose, Standing Counsel [OPUC]

8. Two CCs to GP for Munic-lpal Administration and Urban Development, High Court ofAndhra Pradesh. [OUT]

9. Two CCs to GP for Medical Health & Family Welfare, High Court Of Andhra Pradesh. [OUT]

10. Onesparecopy CVSS I (2023) 6 SCC 1 '`-. `i..

HIGH COURT MRK]J DATED: 12/06/2025 POST AFTER TWO (02) WEEKS.

ORDER IANo.1 OF2025 lN WP NO: 14195 OF 2025 . ._\' <* ,.`\ -.-1...

DIRECTION