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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the Respondents 3 and 4 in finalizing and awarding the contract in favour of the 5th Respondent vide proceedings Rc No. 9/A1/DCHS/2023 Dt. 20-09- 2023 of the 4th respondent though he is ineligible and unqualified as per the Condition No.4 (B) (i) of the Tender Document issued under Tender Notification vide proceedings Rc No. 07/E1/DCHS/2023 dt. 01-05-2023 for supply of diet to inpatients and duty medical officers in the Community Health Centre (CHC), PeddaDornala is illegal, arbitrary, contrary to conditions specified in Tender Document and Contrary to GO Ms No. 325 Health, Medical 86 Family Welfare (Ml) Department dt. 01.11.2011 and consequently set aside the same by directing the respondents to award the contract in favour of petitioner to supply diet in the CHC, PeddaDornala in accordance with Tender Notification vide Proceedings Rc. No. 07/E1/DCHS/2023 dt. 01-05-2023 of the 4th Respondent and pass such

IA NO: 1 OF 2024

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 may be please tosuspend the operation of proceedings vide Rc. No.9/Al/DCHS/202 3 Dt. 20-09-2023 of the 4* respondent by permitting the petitioner to supply of diet in the Community Health Center, PeddaDornala, pending disposal of the above writ petition and pass such

Counsel for the Petitioner:

1. KAVITHA GOTTIPATI

Counsel for the Respondent(S):

1. GP FOR MEDICAL HEALTH FW(AP)

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO.2627/2024

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 a writ of mandamus declaring the action of the Respondents 3 and 4 in finalizing and awarding the contract in favour of the 5th Respondent vide proceedings Rc.No.9/A1/DCHS/2023 Dt.20.09.2023 of the 4th respondent though he is ineligible and unqualified as per the Condition No. 4(B)(i) of the Tender Document issued under Tender Notification vide proceedings Rc.No.07/E1/DCHS/2023, dt.01.05.2023 for supply of diet to inpatients and duty medical officers in the Community Health Centre (CHC), Pedda Dornala is illegal, arbitrary, contrary to conditions specified in Tender Document and Contrary to G.O.Ms.No.325, Health Medical &Family Welfare (M1) Department dt.01.11.2011 and consequently set aside the same by directing the respondents to award the contract in favour of petitioner to supply diet in the CHC, Pedda Dornala in accordance with Tender Notification vide Proceedings Rc.No.07/E1/DCHS/2023 dt.01.05.2023 of the 4th Respondent and pass such other order or orders….”

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

3. The case of the petitioner herein is that the respondent Nos. 3 and 4 finalised the tender and awarded the contract in favour of respondent No.5 vide proceedings dated 20.09.2023 is contrary to the terms of the tender notice dated 01.05.2023.

4. Learned counsel for the petitioner submits that as per the condition 4(B)(i) of the tender notice, the respondent No.5 is ineligible and unqualified to be participated and to award the contract. But for the reasons best known to them, the respondents got awarded the contract contrary to the terms of the tender which is illegal, arbitrary and liable to be set aside. Hence, the writ petition.

5. On the other hand, learned Government Pleader for the respondents filed counter affidavit, wherein, it is stated that the allegation of ineligibility on part of respondent No.5 as canvassed by the petitioner is m