A writ petition challenging a tender notification becomes infructuous when the notification is superseded by a subsequent fresh tender process and the contract is awarded to a successful bidder.

APHC010013452023

[3329]

(Special Original Jurisdiction)

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 Order or orders, direction or directions, writ or writs particularly one in the Writ of Mandamous, declare the action of the respondent in calling tenders for supply of diet to in patients and duty medical officers in Area Hospital, Bapatla Guntur District is illegal, arbitrary, and against the direction of this Hon'ble High court in I.A. No 1 of 2018 in W.P.No 46963 of 2018 Dt 28-12-2018 provisions of GO MS No.325, Health, Medical and Family Welfare (M1) Department, dtd.01-11-2011 and tender conditions, and voilation of Art 14 and 19(1) (g) and 21 of the constitution of India, consequently set-aside the tender notification issued by the 3rd respondent vide Rc No 01/E2/2023 Dt 02-01-2023 sofar concerned to 5th respondent Hospital and to pass

ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Respondents and perused the material placed on record.

2. Learned counsel for the petitioner submits that the 3rd Respondent Authority issued tender notification dated 02.01.2023 for supply of Diets to in-patients and duty Doctors in respect of area Hospitals situated in Guntur District for a period of two years i.e., for 2023-24 and 2024-25 upto January, 2025. Learned counsel for the petitioner submits that due to interim orders dated 06.01.2023, the tenders were not finalized. In view of the non-finalization of the tenders, the existing contractors might have been continuing or there is a possibility of alternative arrangements might have been arranged by the 3rd respondent authority.

3. On the other hand learned Government Pleader furnished written instructions, wherein it is stated as under:

“5. The petitioner Smt. T. Bharathi Kumari diet contractor who is supplying diet to inpatients and duty doctors at District Hospital, Tenali and Area Hospital, Bapatla under the guise of interim orders in W.P.No.801/2023 and 803/2023 continuing as diet contractor without conducting fresh tenders for the Hospitals, Tenali and Bapatla. Further W.P.No.801/2023 against District Hospital, Tenali was dismissed on 19.10.2024 became INFRUCTUOUS. W.P.No.803/2023 is still pending.

4. Whereas the said tender notification was under challenge by the petitioner herein in W.P.No.801/2023 and the said writ petition was dismissed on 19.10.2024 by holding that the writ petition became infructuous. It is further informed that the respondent authorities have called for fresh tenders to District Hospital, Tenali, and Sri Venkateswara Association became successful bidder and awarded the contract and supplying diet to the in-patients and duty doctors from 27.04.2025. The petitioner herein has also challenged the same by filing W.P.No.9307/2025 and W.P.No.10319/2025 and the same are pending for consideration.

5. In view of clear and categorical instructions, which reveals that fresh tenders were awarded to successful bidder on 27.04.2025 and hence Tender Notification dated 02.01.2023 itself become infructuous.

6. Accordingly, the Writ Petition is dismissed as infructuous. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.