M/S. Sri Raja Rajeshwari Enterprises vs. The State Of Andhra Pradesh
Held
The Court noted that when the matter was taken up for hearing, the learned counsel for the petitioner submitted that in light of subsequent developments, the cause in the Writ Petition had become infructuous. Consequently, the Court recorded this submission and dismissed the Writ Petition as infructuous. No further orders were deemed necessary. The Court also stated that there would be no order as to costs. The specific grounds of challenge raised by the petitioner regarding the arbitrariness, illegality, and malafide nature of the tender process and award were not adjudicated upon due to the dismissal as infructuous.
Facts
The petitioner, M/s. Sri Raja Rajeshwari Enterprises, filed a writ petition challenging a tender notification (NIT.No.01/SAC/SBM(U)/CE/SWM/RSM-O&M/2022-23 dated 10-05-2022) and the consequential award of a contract to the 4th respondent for the operation and maintenance of 17 road sweeping machines. The contract period was from 01-06-2022 to 31-05-2023, excluding GST. The petitioner alleged that the tender conditions and the award were arbitrary, illegal, malafide, and in violation of Article 14 of the Constitution of India. The petitioner sought to set aside the tender notification and the award of the tender. Interim applications were also filed seeking to continue the petitioner's existing contract and to permit substituted service of notice on the 4th respondent.
Key Issues
1. Whether the tender notification and the consequential award of contract for the operation and maintenance of road sweeping machines were arbitrary, illegal, malafide, and in violation of Article 14 of the Constitution of India, as contended by the petitioner. 2. Whether the conditions in the tender notification were extraneous and based on extraneous considerations, as argued by the petitioner. The petitioner argued that the tender process and its outcome were vitiated by illegality and arbitrariness. The respondents' contentions are not recorded in the judgment.
AI-generated summary — verify with the full judgment below
If APHC010686732022 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF TWO THOUSAND AND TWENTY FIVE present THE HON’BLE SRt JUSTICE NYAPATHY WRIT PETITION NO: dnfiftR qf PRADESH JULY VIJAY 2022 Between; M/s. Sri Raja Rajeshwari Enterprises Chowdary S/o Gangaraju aged Sai Sreenivasa Nagar Colony, District rep.,by its Manager, Menni Rakesh about 38 Years, R/o Plot No.4 Phase No.4, Port, NTR Kesarapalli, Near Gannavaram Air ...Petitioner AND 1. The State of Andhra Pradesh, Administration rep., by Its Principal Secretary, Municipal and Urban Development Department, Secretariat Velagapudi, Amaravati Capital City 2, The Swacha Andhra Guntur District. Corporation rep., by its Managing Director Vijayawada.
The Chief Engineer, Swacha Andhra Corporation, D.No.44-60-1/1 4 3rd Vijayawal. College Road,
Bala Balaji Agencies, i 16/11, PR/O.H.No.12-1 Hyderabad PIN 500068. 5. Hillock Infrastructure OPC Reddy, 2nd Floor, 129, Sriram rep., by its Managing Partner TR/o H.No.40-26- tr, Nagole, -1/ (New No.4-63/0), Arunodayanaga Private Ltd Nagar, Vijayawada. rep., by its Drector, C Rakesh
KAM-AVIDA Enviro Engineers . Manohar Krishna Plot No.2
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