APHC010048432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2627/2024 Between:

1. M /S. V. NARAYANA REDDY CATERING SERVICES,, REP.BY ITS MANAGING PARTNER, VEMPATI NARAYANA REDDY, S/O V. LAKSHMI REDDY, AGED ABOUT82 YEARS, OCC. DIET CONTRACTOR. R/O.D.NO. 1-436, GOBBURU VILLAGE 86 POST, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE (ML)DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE COMMISSIONER OF HEALTH AND FAMILY WELFARE, STATE LEVEL COMMITTEE, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH

3. T HE DISTRICT DIET MANAGEMENT COMMITTEE, REP. BY ITS CHAIRMAN-CUM-JOINT COLLECTOR-I ONGOLE, PRAKASAM DISTRICT.

4. D ISTRICT COORDINATOR OF HOSPITAL SERVICES CUM CONVENER, THE DISTRICT DIET MANAGEMENT COMMITTEE ANDHRA PRADESH VAIDYA VIDHANA PARISHAD ONGOLE, PRAKASAM DISTRICT.

5. M /S VIJAYALASKHMI FOOD SUPPLIES, MARKAPUR, PRAKASAM DISTRICT, AP ...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 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 5^th Respondent vide proceedings Rc.No.9/A1/DCHS/2023 Dt.20.09.2023 of the 4^th 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 aw