A Kanaka Ratnam Contractors vs. The State Of Andhra Pradesh
Held
The Court did not decide the merits of the petitioner's challenge to the disqualification. Instead, upon being informed by the 2nd respondent (APSWC) that the tender process had been completed and the contract awarded to the 3rd respondent on July 5, 2025, the petitioner sought to withdraw the writ petition. The petitioner's counsel, after taking instructions, requested to withdraw the petition with liberty to challenge the award of the contract granted in favour of the 3rd respondent. The Court granted this request, dismissing the writ petition as withdrawn. The Court explicitly granted liberty to the petitioner to challenge the award of contract to the 3rd respondent, if they were so advised. No costs were imposed.
Facts
The petitioner, W.A Kanaka Ratnam Contractors, filed a writ petition challenging the disqualification of their technical bid in an e-tender process initiated by the Andhra Pradesh State Warehousing Corporation (APSWC). The disqualification was based on the alleged non-enclosure of Annexures A and B of the GST Certificate, despite the main certificate being enclosed. The petitioner argued this action was arbitrary and discriminatory. The APSWC, represented by its Standing Counsel, informed the Court that the tender process had been completed and the contract awarded to the third respondent, M/s R R Suppliers, on July 5, 2025. The third respondent's counsel confirmed the award of the contract.
Key Issues
1. Whether the disqualification of the petitioner's technical bid by the 2nd respondent (APSWC) on the ground of non-enclosure of Annexures A and B of the GST Certificate, when the main certificate was enclosed, was illegal, arbitrary, and violative of Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's Contention: The petitioner argued that the disqualification was unjustified as the core GST certificate was provided, and the omission of annexures was a minor technicality that should not lead to disqualification. They contended that the action was arbitrary and discriminatory, violating their right to practice their trade. Revenue/State's Contention: The 2nd respondent (APSWC), through its Standing Counsel, submitted written instructions indicating that the tender process had concluded and the contract was awarded to the 3rd respondent. No specific argument was recorded regarding the merits of the petitioner's disqualification, but the fact of contract award was presented as a subsequent development.
AI-generated summary — verify with the full judgment below
APHC010335342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SR! JUSTICE GANNAMANEN! RAMAKRISH WRIT PETITION NO: 16738 OF 2025 ^ kl A O rt A O A r\ l-fXMOMLr Between: W.4 A Kanaka Ratnam Contractors, rep.by its Partner A.Kanaka Ratnam, R/o 14-8-10/1, Ponnuruvari Street, Morrispet, Tenali, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Industries ^ and Commerce Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2, Andhra Pradesh State Warehousing Corporation, (A State Government Undertaking) rep.by its Managing Director, D No.55-17-3, 2nd Floor, C-13, Industrial Estate, Beside Autonagar Bus Stand, Autonagar, Vijayawada. 3/ M/s R R Suppliers, rep. by its Proprietor Ramaraju Kodali, D.No.1-41, Kuchikayalapudi, Gudlavalleru Mandal, Krishna District. ...Respondents 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 appropriate writ, order or direction more particularly the
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