Disposed

Vennapusa Chandrasekhar Reddy, v. The State of Andhra Pradesh

Andhra Pradesh HC12 Feb 2024WP/2940/2024

Case brief

AI extract

What is this about?

Diet contractor challenged award of hospital diet contract at Rs.58/- contrary to tender conditions and government orders, seeking consideration of his representations for a revised rate of Rs.72/-. Without deciding merits, the Court directed respondents 3 and 4 to consider the representation dated 24.10.2023 with reference to tender conditions and dispose of it after hearing within four weeks.

What did the court decide?

Direction to respondents 3 and 4 to consider representation dated 24.10.2023 after hearing the petitioner, within four weeks; no order as to costs.

Vennapusa Chandrasekhar Reddy, Vs The… — Public Procurement and Tenders | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2940 OF 2024

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Between:

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Vennapusa Chandrasekhar Reddy, S/o. V.Chenna Reddy, Aged about 55 years, Occ: Diet Contractor, R/o. H.No. 12/4/90, Opp; Muthoot Finance, Obuladevara Nagar, Vidyat Nagar, Ananthapur, Ananthapur District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Health, Medical & Family Welfare Department A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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The Director of Medical Education, Old GGH Compound, Vijayawada 3. The District Diet Management Committee(DDMC), Rep. by its Chairman / Joint Collector, O/o. The District Collectors Office, Ananthapur, Ananthapur District.

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The Government General Hospital, Rep. by its Superintendent^-cum-Member Convener, DDMC, Ananthapur.

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...RESPONDENTS

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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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in issuing diet contract vide Rc.No.62/E1/2023 Dt.24.06.2023 for Rs.58/to the inpatients as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondent authorities to consider^the tender of the petitioner for supply of diet in Government General Hospital, Ananthapur for Rs.72/pursuant to the Tender Notification dated 30.03.2023 by following G.O.M.S.No.325 MH&FW, dated.01.11.2011 and G.O.Ms.No.309 dated.02.12.2022.

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lA NO: 2 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to implead the Proposed Respondent No.5 as party respondent No. 5 in W.P. No. 2940 of 2024.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to take a decision on the representations of the petitioner dated. 19.05.2023, 30.05.2023, 20.06.2023 and 24.10.2023.

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Counsel for the Petitioner: SRI. K.M.KRISHNA REDDY

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Counsel for the Respondent Nos. 1 to 4: GP FOR MEDICAL HEALTH & FW

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.2940 OF 2024

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ORDER:-

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The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

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to issue an appropriate Writ, order or direction more particularly in the nature of a “Writ of Mandamus” declaring the action of the Respondents in issuing^diet contract vide Rc.No.62/El/2023, dated 24.06.2023 for Rs.58/to the inpatients as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondent authorities to consider the tender of the petitioner for supply of diet in Government General Hospital, Ananthapur for Rs.72/- pursuant to the Tender Notification dated 30.03.2023 by following G.O.Ms.No.325, MH&FW, dated 01.11.2011 and G.O.Ms.No.309 dated 02.12.2022 and pass such other order or orders ...”

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Heard the learned counsel for the petitioner and learned Government Pleader for Medical, Health and Family Welfare. 3. It is the case of the petitioner that pursuant to the tender notification dated 30.03.2023, the petitioner herein along with another submitted their tenders and participated in the tender process. Thereafter, the petitioner was selected as a successful bidder for supply of diet to the inpatients at Respondent No.4 Hospital at the rate of Rs.58/vide proceedings dated 24.06.2023. Subsequently, the petitioner entered into an agreement with the Respondent No.4 on

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A'J'.. W.P.No.2940 of2024

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24.06.2023 and he commenced the supply of diet to the inpatients as per the terms and conditions.

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While so, the petitioner submitted his representations^much prior to his selection i.e. on 19.05.2023, 30.05.2023,^{20.06.2023and} finally on 24.10.2023 submitting to the Respondent Nos.2 to 4 that award of contract at the rate of Rs.58/is contrary to the tender conditions as well as G.O.Ms.No.325, Health, Medical and Family Welfare (Ml) Department, dated 01.11.2011. Therefore, the petitioner requested for consideration of his representations^{asstatedabove.Even} after submission of representation by the petitioner, the Respondent authorities neither considered the representation nor replied to the petitioner. Hence the writ petition.

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On the other hand, learned Government Pleader for Medical, Health and Family Welfare submitted the written instructions dated 06.02.2024 issued by Respondent No.4 / Superintendent /Addl.DME, Government General Hospital, Anantapuram^wherein it is stated that pursuant to the undertaking and request of the petitioner for supply of diet contract at the rate of Rs.58/-, the^{tenderswerefinalized} and the petitioner was selected as a successful bidder. Thereafter, Respondent No.4 entered into an agreement with the petitioner, He further submits that now the petitioner cannot go back from the promise he made. However, the petitioner submitted his representations finally on 24.10.2023 for revising the allotted tender rate in recently concluded tender relating to supply of diet in GGH, Ananthapuram^andthesameis

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NV,J W.P.No.2940 of2024

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pending for consideration before the authorities concerned. It is appropriate for the authorities to consider the representation of the petitioner and to dispose of the representation within^{areasonabletime.} 6. Having regard to the submissions made by the learned^counsel for the petitioner and learned Government Pleader for the Medical, Health and Family Welfare, without going to the merits of the case, this Court is of the considered opinion that the present writ petition can be disposed of directing Respondent Nos.2 to 4 more particularly Respondent Nos.3 and 4 shall consider the representation of the petitioner dated 24.10.2023 with reference to the tender conditions dated 30.03.2023 and dispose of the same after providing an opportunity of hearing to the petitioner within a period of four^{weeksfromthedateof} receipt of a copy of this order.

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With the above said direction, the writ petition is disposed of. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall also stand closed.

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Sd/- S.SRINIVAS PRASAD ASSISTANTiREGISTRAR //TRUE COPY//

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To, 1. The Principal Secretary, Health, Medical SFamily Welfare Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati,^{GunturDistrict.} 2. The Director of Medical Education, Old GGH Compound, Vijayawada 3. The Chairman/Joint Collector, District Diet Management Committee(DDMC), O/o. The District Collectors Office, Ananthapur, Ananthapur^District. 4. The Superintendent-cum-Member Convener, DDMC, Government^General Hospital, Ananthapur. 5. One CC to Sri. K.M.Krishna Reddy, Advocate [OPUC] 6. Two CCs to GP for Medical Health & FW, High Court^{ofAndhraPradesh.} [OUT] 7. Three CD Copies. gi i \

HIGH COURT

DATED: 13/02/2024

ORDER

WP.No.2940 of 2024

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Vennapusa Chandrasekhar Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Vennapusa Chandrasekhar Reddy, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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