M/ S. Sri Krishna Pharmaceuticals vs. The State Of Telangana
Original PDF →Facts
The Petitioner, M/s. Sri Krishna Pharmaceuticals, filed a writ petition challenging Tender Notification No. 01/2025 dated June 16, 2025, issued by Respondent No. 2, M.G.M Hospital, Warangal. The Petitioner's grievance was that the tender mandated the submission of a GST Registration Certificate issued by the Telangana Government, which unfairly excluded them as they possessed a GST registration from the State of Andhra Pradesh. The Petitioner sought a declaration that this condition was arbitrary and illegal, and requested the court to direct the respondents to accept their Andhra Pradesh GST certificate and allow them to participate. The Respondent No. 2 stated that the notification required a GST certificate from an 'appropriate authority' and did not explicitly restrict participation to entities registered in Telangana. Crucially, the Respondent stated that no tenders were submitted by the closing date of June 24, 2025, including by the Petitioner, and the tender box was found empty.
Held
The Court noted the admitted position that no bids were submitted in response to Tender Notification No. 01/2025 dated June 16, 2025, including by the Petitioner. Consequently, the Court found that the question of rejection of the Petitioner's application or any prejudice caused to them did not arise. As there was no further matter surviving for adjudication, the Court closed the writ petition. The reasoning was that since no application was submitted, the Petitioner could not have been prejudiced by the tender conditions. The operative direction was to close the writ petition. No issue was expressly left undecided, as the core grievance was rendered moot by the lack of tender submission.
Key Issues
1. Whether the condition in Tender Notification No. 01/2025 dated June 16, 2025, mandating the submission of a GST Registration Certificate issued by the Telangana Government is arbitrary, illegal, and violative of Articles 14, 19, and 21 of the Constitution of India, as argued by the Petitioner. The Petitioner contended that this condition unfairly excluded them from participating in the tender process, despite having a valid GST registration from the State of Andhra Pradesh. The Petitioner sought to have this condition declared bad and illegal. 2. Whether the Petitioner should be allowed to participate in the tender process by accepting their GST Registration Certificate issued by the State of Andhra Pradesh, as argued by the Petitioner. The Petitioner requested a direction to the respondents to accept their existing GST certificate and allow them to submit their application. The Respondent argued that the notification required a GST certificate from an 'appropriate authority' and did not explicitly restrict participation to entities registered only in Telangana. The Respondent also highlighted that no tenders were submitted by the closing date, including by the Petitioner, rendering the issue of rejection or prejudice moot.
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Cause title — parties, addresses and appearances
The Court made the following: ORDER I JA.No.1 of 2t)25
r) THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA IIRIT PETITION No.17845 of 2A25 ORDER: tender. The present Writ Petition is filed by the Petitioner seeking to declare the Tender Notification No.O1/2025 dated 16.06.2025 issued by respondent No.2, to the extent of mandating submission of a GST Registration Certificate issued by the Telanga-na Government, as arbitrarlr, illegat and violative of Articles 14, 19, and 21 of the Constitution of India arrd also to direct the respondents to accept the GST Registration Certificate issued by the state of Andhra Pradesh and allow the petitioner to participate in the tender process.
The grievance of the petitioner is that the impugned tender notihcation contains a condition requiring bidders to submit a valid GST Registration Certificate issued by the Government of Telangana. The Petitioner, having GST registration from the State of Andhra Pradesh, claims that this condition unfairly excludes him from participating in the Z
Pe:: contra, respondent No.2 has filed a counter aflidavit stating that while the notification required submission of a GST certifical.e issued by ", appropriate authority, it did not explicitll' restrict participation only to entities registered in Telanganal Further, it is stated that no tenders were submitted by any l)artJr, including the petitioner, by the closing date i.e. 24,O6,2Ct25, The tender box was found empty, and as such, no selection. or rejection process took place. It is also stated that the matter regarding the failed tender is now being placed before the District Collector, Warangal, for fu-rther necessary action.
In view of the admitted position that no bids were submitted in response to the Tender Notification No.01/2025 dated 16.06.2025, including by the petitioner itself, the question of rq'ection of its application or any prejudice caused does not arise. Hence, nothing further survives for adjudication in this writ petition.
Ac<:ordingly, this Writ Petition is closed. There shall be no q(der as to costs. ,/ i I
a-) 3 Miscellaneous applications, if any pending, shall stand closed. To,
Trivo CD Copies BSR GJP P,tc.. . M. NAGAMANI ASSISTANT REGISTRAR //// C CTION SE OFFICER
One CC to SRI R.ANURAG, Advocate IOPUCI
Two CCs to GP FOR MEDICAL HEALTH FW, High Court for the State of Telangana at Hyderabad [OUT] I
HIGH COURT DATED:2910812025 ORDER WP.No.17845 of 2025 CLOSING THE WRIT PETITION, WITHOUT COSTS ?r''.q, 3 2?lntt .r." ?02[ 'lr * }. f \r \>t li I
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.