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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
B.C.Rajesh – Appellant
Versus
Andhra Pradesh Southern Power Distribution Corporation Ltd., – Respondent
ORDER :
GANNAMANENI RAMAKRISHNA PRASAD, J.
Heard Sri O. Manohar Reddy, learned Senior Counsel, briefed by M/s O.M.R. Law Firm, learned Counsel for the Writ Petitioner.
2. The prayer sought in the present Writ Petition as under:
“For the aforementioned reasons, it is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in issuing tender notifications in 1) SE/O/TPT/APSPDCL Tech / TS-26/2025-26, 2) SE/O/CTR/APSPDCL, Tech/TS- 28/2025-26, 3) /OPN/APSPDCL/ANM/TS.No.36/2025- 26 and 4) SE/OPN/APSPDCL/KDP/TS.No.30/2025-26 for awarding the work of carrying out operation and maintenance of 33/11 KV Sub-Stations without there being clarity about the selection of successful bidders is illegal, arbitrary, violation of principles of the natural justice and violation of Article 14 of the Constitution of India and consequently set-aside the tender notifications issued by the respondent authorities and pass such order or orders as the Hon’ble court deems fit and proper in the facts and circumstances of the case.”
3. The facts in this case as projected by Sri O. Manohar Reddy, learned Senior Counsel,
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
Point of Law- Court in all the aforesaid decisions has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or comme....
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
Judicial review in tender matters is limited; rejection based on non-compliance with tender conditions is not arbitrary.
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