Andhra Pradesh High Court - Amravati
In Re. Corona Virus Covid19 Pandemic vs State Of Andhra Pradesh on 24 April, 2020
Author: J K Maheshwari
Bench: J K Maheshwari
AP
g
LL
; .\-
IN THE HIGH COURT OF ANDHRA PRADESH AT AA,IARA
J. {"
(SPEC|AL ORIGINAL JURISD|CTTON) .f,.
n
FRIDAY, THE TWENTY FOURTH DAY OF APRI'
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI-
AND
THE HONOURABLE SRIJUSTICE A.V. SESHA SAI ,-
lA. Nos. 1 and 2 of 2020
IN
TAKEN UP WRIT PETITION No. 8130 OF 2O2O ..
Taken up W.P. No 8130 of 2020:
ln Re. Corona Virus -COVID-19 PANDEMIC
Versus
l.State of Andhra Pradesh, rep. by its Chief Secretary, State of Andhra Pradesh,
Secretariat, Vetagapudi, Guntur District,
2.Union of lndia, rep. by its Secretary, Home Affairs, New Dethi.
..Respondents. -
lA. Nos 1 and 2 of 2O2O:'
Between:
State of Andhra Pradesh, rep. by its Chief Secretary, State of Andhra Pradesh,
Secretariat, Vetagapudi, Guntur District.
,..Vacate Petitioner
AND
Union of lndia, rep. by its Secretary, Home Affairs, New Dethi.
ln Re. Corona Virus -COVID-19 PANDEMIC
.... Respondents
lA. No. 1 of 2O2O: Petition under Section 151 of CPC , praying that in the
circumstances stated in the affidavit fited in Taken up W.P., the High Court may be
pteased to vacate the interim order passed by this Hon'bte High Court in Taken up
matter W.P. No. 8130 of 2020 dated 26-03-2020 to the extent of tenders bearing
Tender Nos 16IMD/APEWIDC/2019-20 dated 3-2-2020,17 IMDIAPEWIDC/20'19-20 dated
3-2-2020, 18/MD/APEW|DC|2019-70 date 3-2-2020, 51/MD/APEWIDC/2019-20, dated
30-03-2020, 49 (third catt)/Mp/APEWIDC12019-20, dated 20-03-2020, 48 (Second Catt)
/MD/APEWIDC/2019-20 dated 3-2-2020, 20/MD/APEWIDC/2O19-20, dated 3-2-2020,
21lMD/APEW|DC|?}19, dated 3-2-2020, pending disposal of Taken up W.P. No. 1830
of 2070 on the fite of High Court. 7
lA. No. 2 of ,
2O2O: Petition under Section 151 of CPC praying that in the
circumstances stated in the affidavit fited in Taken up W.P., the High Court may be
pleased to vacate the interim order passed by this Hon'bte High Court in Taken up
matter W.P. No. 8130 of 2020 dated 26-03-2020 to the extent of tenders bearing
Tender No's 55A-1602'l/412019-M|55EC/2/2020-21, SSA-16021 /412019'MISSEC|3/2020'
2.1, 5SA-16021 /4/2019-M|SSEC/412020-21, SSA-16021 /4/2019-Ml5SECl5l2020-21,
pending disposal of Taken up W.P. No. 1830 of 2020 on the fite of High Court. z
The petition coming on for hearing, upon perusing the oral order fited in
support thereof and order of High Court dated 26-03-2020 made herein and upon
hearing the arguments of SRI P. Sudhakar Reddy, Addt. Advocate Generat for State,
the Court made the fottowing
ORDER:
These applacations are filed, under Section 151 CPC, seeking to vacate the interim order dated 26.3.2020 passed by this Court in this taken up writ petition.
This Court, on 26.3.2020, issued certain directions touching various aspects during the lock down period. Vide clause No. (iv) of paragraph No.s, this Court directed as follows:
"(iv) In the matters of tenders, if they have not been finalized, they shall not be given effect to for a period of one month and the process may be made after expiry of the lock-down period."
In view of the aforesaid direction vide clause (iv), the present applications have been filed by the State of A.P., for relaxation of the above clause of the order to the extent of the tenders referred to in the present applications.
Following are the particulars of the tenders in I.A.Nos.1 and 2 of 2O2Ot LA.No.1 of 2020: Tender Nos.16/MD/APEWIDC/2019-20, dated 3,2,2O2Oi L7 / MD / APEWIDC / 2Ot9-2O, dated 3.2.2020, La/MD/ APEWIDC/ 20 19-20, dated 3,2,2O2O; s\IMD/APEWIDC/ 2OL9-2O, dated 3o.3.zOZO, 49 (third Ca||)/MD/APEWIDC/ 2OL9-2O, dated 2O.3.2O2O, 48 (second call)/MD/APEWIDC/ 20 19-20, dated 20,3.2O2Oi r9lMD/ApEWIDC/20 19-20, dated 3.2,2O2O; 20 /MD/ APEWIDC/ 2OL9-2O, dated 3,2,202Oi 2LlMD/AqEWIDC/ 2019- 20, dated 3,2,2O2O, I.A. N o.2 of 2O2O : lg-MISSEC I 2 I 2O2O - 2r, Ss A- t602t I 4 I ZOL9- SSA- 1602 1 /4/ 20 MrssEc/3/2020-21,SSA-15O21/4/ZOLg-MIS,SEC/4l2O2O-21,SSA-1602L14/2Ot9-
MrssEc/ s/ 2o2o-2r. eVhile referring to the above tenders, Sri p. Sudharkar Reddy,
learned Additional Advocate General for the state of A.p., submits that the items indicated in the tenders are required to be procured expeditiously as the classes for the next academic year are to be commenced shortly and in the event of any delay in procuring the same, the schools and eventually, the students will ultimately have to suffer irreparable inconvenience and hardship.
It is very much evident from a reading of the tender notifications that the subject tenders have been issued for procurement of furniture, note books, shoes, socks, belts and school bags to the students etc. Therefore, this Court finds sufficient justification in the submissions of the tearned Additiona! Advocate General.
Having regard to the submissions of the learned Additional Advocate General and taking into consideration the contents of the supporting affidavits and the nature of items sought to be procured by way of subject tenders, this Court deems it appropriate to pass the following order:
(i) The applicants are permitted to proceed further with the subject tenders and finalize the same strictly in accordance with law;
(ii)The applicants are entitled to proceed in the above manner only in the absence of any other order of any coutt or authority restraining them from doing so.
(iii) This Order, by way of modification of the orders dated 26.3.2020 and 20.4.2O20, is applicable only to the extent of the tenders mentioned in the present interlocutory applications.
Accordingly, both the I.As are disposed of.
Sd/- M. TiAMESH BABU i ssisrar'rr REGisl.itAR //TRUE COPY/I for ASSISTANT REGISTRAR o 1, The Chief Secretary, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The Chief Secretary, State of Tetangana, Secretariat, Hyderabad
3. The Secretary, Union of lndia, Home Affairs, New Dethi.
4. The Executive Chairman, State Lega[ Services Authority, Vijayawada, Krishna District.
5. The Executive Chairman, High Court Legal Services Committee, Amaravati.
6. The Principal Secretary, Home Department, Secretariat, Vetagapudi, Guntur District.
7. The Principal Secretary, Medicat and Heatth and Famity Wetfare, Secretariat, Velagapudi, GunturDistrict.
8. The Director General of Prisons, A.P., Vijayawada, Krishna District.
9. The Director Generat of Police, Mangatagiri, Amaravati A.P.,
10.The Port Officer, Visakhapatnam Port Authority, Visakhapatnam, Visakhapatnam District.
11. The Port Officer, Kakinada Port Authority, Kakinada, East Godavari District.
12.The Port Officer, Machitipatnam Port Authority, Krishna District. 'l3.The Port Officer, Katingapatnam Port Authority, Srikakutam District.
14.The Port Officer, Krishnapatnam Port Authority, Nettore, SPSR Nel.tore District.
15.The Registrar (Judicial), High Court of A.P., at Amaravati---
16.The Registrar General, High Court of A.P., at Amaravati--
17.The Director, Social Wetfare, Vetagapudi, Amaravati, A.P,-
-
13-,Two CCs to the Advocate Generat, High Court of A.P.,(OUT)-
19.Two CCs to Sri P. Sudhakar Reddy, Addt. Advocate Generat, High Court ofA.P.,- (ouT)
20.Two CCs to for Home, High Court of A.P., at Amaravati (OUT) GP 21 .Two CCs to for Medical and Health, High Court of A.P., at Amaravati (OUT) GP
22.fwo CCs to GP for Municipa[ Administration, High Court of A.P., at Amaravati (our)
23.Sri C. Sumon, Special Government Pteader, High Court of A.P.,(OUf) 24.1wo CCs to G.P. for Panchayat Raj & Rurat Development, High Court of A.P.,(OUT)
25.One CC to Sri Kasa Jagan Mohan Reddy, Advocate (OPUC) .--
26. Two spare copies.
Skm HIGH COTIRT HC,.I & AVSS,J DATE:24-04-2020 ORDER IA.No.l&2of2020 IN TAKEN UP W.P.No. 8130 of 2020.
DIRECTION