The Court made the following ORDER:

Heard Sri Ghanta Rama Rao, Ld. Senior Counsel appearing on behalf of Sri B. Abhay Siddhanth Mootha, learned Counsel for the Writ Petitioner and Sri Y. Balaji, Ld. Government Pleader for Roads and Buildings and Transport.

2. The present Writ Petition is filed seeking the following relief:

“It is therefore, prayed that the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 herein in directing the respondent No.5 to cancel the tender, dated 27.01.2025 of “Performance based Maintenance Contract (05 years) from Km.76.00 to Km.99.971 of NH-42 in the State of Andhra Pradesh for the year 2023-2025 under PBMC mode” vide the memo NO.PBMC/NH42/EENH/DEE1 /AEE3/ 2025, dated 04.09.2025, without assigning any reasons whatsoever as illegal, arbitrary, contrary to the Tender Conditions, dated 27.01.2025 in NIT.28/NH-42/SE.NH.ATP/AEE-1/2025- 26, apart from bring violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently:

a. Set aside the Cancellation Memo No.PBMC/NH42/EENH/DEEl/AEE3/2025, dated 04.09.2025 of “Performance based Maintenance Contract (05 years) from Km.76.00 to Km.99.971 of NH-42 in the State of Andhra Pradesh for the year 2023-2025 under PBMC mode in favour of the petitioner and pass such other order or orders as are deemed fit and proper in the circumstances of the case.

b. Direct the respondents to finalise the tender, dated 27.01.2025 of “Performance based Maintenance Contract (05 years) from Km.76.00 to Km.99.971 of NH-42 in the State of Andhra Pradesh for the year 2023-2025 under PBMC mode in favour of the petitioner and pass such other order or orders as are deemed fit and proper in the circumstances of the case.”

3. The facts would indicate that the Respondent No.2 had issued a Tender Notification on 27.01.2025 (Ex.P.4) calling for bids for “Performance-Based Maintenance of Roads” through e-tendering from experienced firms for the operation and maintenance works for a period of five (05) years from Km.76.000 to Km.99.971 of NH-42 in the State of Andhra Pradesh for the years 2024-2025 under the PBMC mode; that as the Writ Petitioner firm had the eligibility and experience in such works, had participated in the tender; that the tender process has technical bid as well as financial bid; that four (04) bidders have participated in the bidding namely (i) M/s. Siddhartha Civil Works Pvt. Limited, Bengaluru, (ii) M/s. Nithin Sai Constructions, Ananthapuramu (iii) M/s. DMC-M/s.SKC (JV) Ananthapuramu and (iv) M/s. Siva Sai Constructions, Kadiri (the Writ Petitioner herein); that while considering the four (04) bids, after elementary scrutiny, the Evaluation Committee consisting of Respondent Nos. 3 to 6 and a representative of Finance Department of the concerned wing, have decided on 15.05.2025 to obtain explanation from two of the bidders namely M/s. Nithin Sai Constructions, Ananthapuramu and M/s. DMC-M/s.SKC (JV) Ananthapuramu with regard to omission of certain works in the B-Value as to why they should not be disqualified; that after considering the responses, both the bidders were disqualified and therefore, only two bidders remained in the fray namely M/s. Siddhartha Civil Works Pvt. Limited, Bengaluru and M/s. Siva Sai Constructions, Kadiri (the Writ Petitioner herein).

4. It is further submitted that M/s. Siddhartha Civil Works Pvt. Limited, Bengaluru, for the reasons best known to it, did not update the B-value as per the tender conditions as on 24.06.2025 and therefore, the financial bid was postponed to 28.06.2025; that despite the opportunity granted and despite the correspondence by Respondent No.5, M/s. Siddhartha Civil Works Pvt. Limited, Bengaluru had failed to respond and therefore its‟ bid was deemed to be „non-responsive‟.

5. It is further submitted that since three bidders