Disposed¶7

K v. Pharma v the State of Andhra Pradesh

Andhra Pradesh HC4 Dec 2025WP/11169/2024

Case brief

AI extract

What is this about?

K V Pharma; Sheik Maqbul Basha; medicine supply; Rate Contract; expired contract 14.05.2024; interim order 26.12.2022 vacated; direction to float fresh tenders within four weeks; APMSIDC; Director of Medical Education; District Collector Kadapa; Joint Collector/Chairman District Purchase Committee; Government General Hospital Kadapa; Sri Krishna Pharmaceuticals; PMJK Jana Aushadhi Stores; writ petitions disposed; no costs; High Court of Andhra Pradesh at Amaravati; Special Original Jurisdiction; Gannamaneni Ramakrishna Prasad, J; decided 05.12.2025.

What did the court decide?

Respondents directed to float fresh Tenders within four (04) weeks; Interim Order dated 26.12.2022 in W.P.No.34732 of 2022 vacated; Writ Petitions disposed of with no order as to costs; Interlocutory Applications, if any, closed in terms of the order. ¶7

K v Pharma Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Grievance in W.P.No.34732 of 2022: complaint against the Unofficial Respondent for not allowing the Petitioner to supply medicines. +2 more

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Court's answer

All three Writ Petitions are disposed of with no order as to costs, and any Interlocutory Applications stand closed in terms of the order.

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Ratio / Principle

The Court disposed of the batch of Writ Petitions with a direction to the Respondents to float the Tenders within a period of four (04) weeks.

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Key takeaways

The Interim Order dated 26.12.2022 in W.P.No.34732 of 2022 stands vacated, in view of the fact that the Contract awarded to the Petitioner expired on 14.05.2024.ratio¶6

Detailed headnote1 paragraphs

Common order (single Judge, Hon'ble Sri Justice Gannamaneni Ramakrishna Prasad) disposing of W.P.Nos.34732 of 2022, 11169 of 2024 and 28402 of 2025 filed by K V Pharma (proprietor: Sheik Maqbul Basha) against the State of Andhra Pradesh, APMSIDC, the Director of Medical Education, district authorities of YSR Kadapa, and private respondents including Sri Krishna Pharmaceuticals and the PMJK Jana Aushadhi Store. The Petitioner's medicine-supply contract had admittedly come to an end on 14.05.2024, yet the Petitioner continued supplying medicines by taking advantage of the Interim Order dated 26.12.2022 in W.P.No.34732 of 2022, which had noted the contract was valid up to 14.05.2024 and directed continuance of the Rate Contract. Counsel for Respondent No. 3 submitted on Written Instructions that fresh Tenders could not be called for owing to that interim order. The Court accordingly disposed of the batch, directed the Respondents to float the Tenders within four (04) weeks, and vacated the Interim Order dated 26.12.2022 since the contract had expired on 14.05.2024. No order as to costs; interlocutory applications, if any, closed in terms of the order.

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[3328]

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APHC010571602022

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION NOs: 34732 of 2022, 11169 of 2024 & 28402 of 2025

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WRIT PETITION NO: 34732/2022

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Between:

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K V PHARMA, REP BY ITS PROPRIETOR, SHEIK MAQBUL BASHA,GROUND FLOOR,19/301, VARASUMAIAH STREET, KADAPA,YSR KADAPA 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, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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A P MEDICAL SERVICES AND INFRASTRUCTURE DEVELOPMENT CORPORATION, REP BY ITS MANAGING DIRECTOR, PLOT NO. 9, I.T PARK,MANGALAGIRI, GUNTUR DISTRICT.

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THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA,KRISHNA DISTRICT.

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THE DISTRICT COLLECTOR, KADAPA,YSR KADAPA DISTRICT.

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THE JOINT COLLECTOR/CHARIMAN, DISTRICT PURCHASE COMMITTEE, KADAPA,YSR KADAPA DISTRICT.

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THE SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL, KADAPA,YSR KADAPA DISTRICT.

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SRI KRISHNA PHARMACEUTICALS, REP BY ITS PROPRIETOR, D.NO. 11-32-MB,CHALLAMARAJUVARI STREET, VIJAYAWADA,KRISHNA DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.P NARASIMHULU

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Counsel for the Respondent(S):

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1.SAI GANGADHAR CHAMARTY

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2.GP FOR MEDICAL HEALTH FW(AP)

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3.S PRANATHI

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WRIT PETITION NO: 11169/2024

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Between:

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K V PHARMA, REP BY ITS PROPRIETOR, SHEIK MAQBUL BASHA,GROUND FLOOR, 19/301, VARASUMAIAH STREET, KADAPA,YSR KADAPA 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, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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A P MEDICAL SERVICES AND INFRASTRUCTURE, DEVELOPMENT CORPORATION, REP BY ITS MANAGING DIRECTOR. PLOT NO. 9, I.T PARK,MANGALAGIRI, GUNTUR DISTRICT.

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THE DIRECTOR FOR MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA,KRISHNA DISTRICT.

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THE DISTRICT COLLECTOR, KADAPA,YSR KADAPA DISTRICT.

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THE JOINT COLLECTOR/CHARIMAN, DISTRICT PURCHASE COMMITTEE, KADAPA,YSR KADAPA DISTRICT.

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THE SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL

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KADAPA,YSR KADAPA DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.P NARASIMHULU

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.S PRANATHI (SC FOR APMSIDC)

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3.GP FOR MEDICAL HEALTH FW(AP)

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WRIT PETITION NO: 28402/2025

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Between:

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K V PHARMA, ,REP BY ITS PROPRIETOR, SHEIK MAQBUL BASHA,GROUND FLOOR,19/301, VARASUMAIAH STREET, KADAPA.YSR KADAPA 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, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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A P MEDICAL SERVICES AND INFRASTRUCTURE DEVELOPMENT CORPORATION, REP BY ITS MANAGING DIRECTOR PLOT NO. 9, I.T PARK,MANGALAGIRI, GUNTUR DISTRICT.

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THE DIRECTOR FO MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA,KRISHNA DISTRICT.

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THE DISTRICT COLLECTOR, KADAPA,YSR KADAPA DISTRICT.

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THE JOINT COLLECTOR/CHARIMAN, DISTRICT PURCHASE COMMITTEE, KADAPA,YSR KADAPA DISTRICT.

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THE SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL, KADAPA,YSR KADAPA DISTRICT.

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THE PMJK JANA AUSHADHI STORES, REP. BY ITS PROPRIETOR, KADAPA,YSR KADAPA DISTRICT.

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SRI KRISHNA PHARMA, REP. BY ITS PROPRIETOR, D. NO. 11-32MB, CHALLAMARAJUVARI STREET, VIJAYAWADA, KRISHNA DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.P NARASIMHULU

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR MEDICAL HEALTH FW

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The Court made the following:

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ORAL COMMON ORDER:

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Heard Sri P. Narasimhulu, learned Counsel for the Petitioner, Sri P. Somaraju, learned Assistant Government Pleader for Medical & Health, Ms. S. Pranathi, learned Counsel for APMSIDC and Sri Ch. Ganesh, learned Counsel representing Sri Sai Gangadhar Chamarthy, learned Counsel for Unofficial Respondent.

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In all these Writ Petitions, the Petitioner is the same company. Writ Petition No.34732 of 2022 is filed by the Petitioner complaining against the Unofficial Respondent for not allowing the Petitioner to supply the medicines.

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It is noted in the Interim Order dated 26.12.2022 that the Contract of the Petitioner is valid up to 14.05.2024, and therefore, the Rate Contract that was approved in favour of the Petitioner shall continue. Admittedly, the Contract of the Petitioner came to an end on 14.05.2024, and the Petitioner has continued supplying the medicines till date by taking undue advantage of the Interim Order passed by this Court on 26.12.2022.

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In terms of the query raised by this Court in its Order dated 25.11.2025 in W.P.No.28402 of 2025, Sri P. Soma Raju, learned Counsel appearing for Respondent No. 3, has submitted, based on the strength of Written Instructions, that fresh Tenders could not be called for due to the operation of the Interim Order passed by this Court on 26.12.2022 in W.P.No.34732 of 2022.

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Having considered these facts, this Court deems it appropriate to dispose of this batch of Writ Petitions with a direction to the Respondents to float the Tenders within a period of four (04) weeks from today.

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Needless to state, the Interim Order passed by this Court on 26.12.2022 in W.P.No.34732 of 2022 shall also stand vacated in view of the fact that the Contract awarded to the Petitioner was expired on 14.05.2024.

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