APHC010123682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6880/2026 Between:

1. M /S KRISHNA PHARMACEUTICS, REP.BY ITS PROPRIETOR KAKUMANU VENKATA KRISHNA MOHANA RAO S/O.K.PURNA CHANDRARAO, AGED ABOUT 54 YEARS, R/O.D.N0.9-62-44, PLOT NO.103, DRAIN STREET, ISLAMPET, VIJAYAWADA-1, NTR DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL AND FAMILY WELFARE SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238.

2. T HE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R.DISTRICT-520003.

3. T HE SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL, ANANTHAPURAMU, ANANTHAPUR DISTRICT-515001.

...RESPONDENT(S):

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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not considering the petitioners representation dated 20.2.2026 as illegal, arbitrary and violative of Article 14 of the Constitution of India, and consequently direct the respondents to consider and dispose of the said representation within a time frame fixed by this Hon'ble Court, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to consider the petitioner’s representation dated 20.02.2026 within a stipulated time, pending disposal of the above writ petition in this Hon’ble Court, in the interest of justice and pass Counsel for the Petitioner: 1. VM CHIRANJEEVI KOLLA Counsel for the Respondent(S):

1. GP FOR MEDICAL HEALTH FW The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6880/2026

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner’s representation dated 20.02.2026 as illegal, arbitrary and violative of Article 14 of the Constitution of India, and consequently direct the respondents to consider and dispose of the said representation within a time frame fixed by this Hon'ble Court and pass such other order.”

2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

3. Learned counsel for the petitioner submits that the petitioner became a successful bidder pursuant to the public auction conducted for supply of four surgical items pertaining to the Nephrology Department on 27.01.2026. Even though the petitioner became L-1 bidder, but for the reasons best known to the respondents no orders were issued to the petitioner and the said auction is not confirmed in favour of the petitioner. Moreover, neither finalized the tender nor revoked or cancelled the tender entered any agreement after the petitioner became L-1 bidder pursuant to the tender. For which, the petitioner also submitted a represented dated 20.02.2026 requesting the respondents to finalize the tender and enter an agreement and place orders for supply of drugs as per terms of the tender conditions. Even after lapse of nearly one month, the respondents neither considered the representation and placed the purchase orders nor replied to the petitioner informing that the subject tender was cancelled or withdrawn or somebody were selected. Hence, the Writ Petition.

4. On the other hand, learned Government Pleader furnished the written instructions dated 12.03.2026 issued by respondent No.3, wherein it is stated that while the