Dismissed¶67

Mithila Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC9 Feb 2025WP/573/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petition; sand reach tender Podagatlapalli-A (2024-4), Ravulapalem Mandal, Dr. B.R. Ambedkar Konaseema District; tender notification dated 20-12-2024; District Level Sand Committee; Mithila Constructions v. State of Andhra Pradesh and others; R.S.R Infra Works India Private Ltd.; G.O.Ms No.43 (08-07-2024); G.O.M.S No.49 (02-09-2024); Articles 14, 19(g), 21; Section 151 CPC interim application; Letter of Acceptance withheld; dismissed as withdrawn without costs; Dr Justice K Manmadha Rao; APHC010011452025.

What did the court decide?

Permission to withdraw the writ petition granted; writ petition dismissed as withdrawn; no order as to costs; pending miscellaneous applications, if any, stand closed. ¶67

Mithila Constructions Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition granted; writ petition dismissed as withdrawn; no order as to costs; pending miscellaneous applications, if any, stand closed.

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Issue for consideration

Whether the Tender Notification Dt.20-12-2024 issued by the 2nd respondent for the Podagatlapalli-A sand reach point, Ravulapalem Mandal, Dr. B.R. Ambedkar Konaseema District, declaring the 5th respondent company as Lowest Bidder and intending to issue it a Letter of Acceptance, is illegal, arbitrary, violative of principles of natural justice, contrary to G.O.Ms No.43 (Dt.08-07-2024) and G.O.M.S No.49 (Dt.02-09-2024), and violative of Articles 14, 19(g) and 21 of the Constitution of India.

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Ratio / Principle

Permission is accorded to the petitioner to withdraw the Writ Petition, pursuant to the letter dated 05.02.2025 addressed to the Registrar (Judicial).

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Key takeaways

The Writ Petition is dismissed as withdrawn.ratio¶49
There shall be no order as to costs.ratio¶51
As a sequel, miscellaneous applications pending, if any, shall stand closed.ratio¶52

Detailed headnote1 paragraphs

High Court of Andhra Pradesh (K. Manmadha Rao, J.), 10.02.2025, Writ Petition No. 573 of 2025: Mithila Constructions had challenged the Tender Notification Dt.20-12-2024 issued by the 2nd respondent (District Level Sand Committee) for the Podagatlapalli-A sand reach point, Ravulapalem Mandal, Dr. B.R. Ambedkar Konaseema District, alleging that declaring the 5th respondent (R.S.R Infra Works India Private Ltd.) as Lowest Bidder and intending to issue it a Letter of Acceptance was illegal, arbitrary, violative of natural justice, contrary to G.O.Ms No.43 (Dt.08-07-2024) and G.O.M.S No.49 (Dt.02-09-2024) and violative of Articles 14, 19(g) and 21 of the Constitution; an interim application (I.A. No. 1 of 2025 under Section 151 CPC) sought restraint on issuance of the Letter of Acceptance. By letter dated 05.02.2025 counsel for the petitioner sought leave to withdraw; leave was granted and the writ petition was dismissed as withdrawn, with no order as to costs, and pending miscellaneous applications were closed. No adjudication on merits.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction)

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MONDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 573 OF 2025 ,

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Between:

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Mithila Constructions, Represented by its Managing partner, H Ratna Prasad, S/o H Vidhya Sagar, aged about 58 years. Business, Olo D.No.8-1049, Kameswari Building, Main Road, Ravulapalem, Dr.B.R.Ambedkar Konaseema 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,^Industries and Commerce Department, Secretariat, Velagapudi, Guntur^District.

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The District Level Sand Committee, Represented by its^{Chairmen-Cum-} District Collector Dr.B.R.Ambedkar Konaseema District, Amalapuram.

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The Joint Collector - cum - member.. District Level Sand Committee, Dr.B.R.Ambedkar Konaseema District, Amalapuram.

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The District Mines and Geology Officer, Dr.B.R.Ambedkar Konaseema District, Amalapuram.

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R.S.R Infra works India Private Ltd, rep by Managing^Director Rankireddy Subba Raju, 79-2-1, Near Prashant Estate, Tilak Road, Rajamahendravaram, East Godavari District.

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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 Writ, order or direction, especially^{oneinthenatureof} WRIT OF MANDAMUS declaring the Tender Notification Dt.20-12-2024

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by the 2'"'^ respondent herein pertaining to the Podagatlapalli-A r ^'’i^2,4-4) sand reach point, Ravulapalem Mandal, Dr.B.R.Ambedka District for excavation and loading of sand in semi mechanised .^mo^e by declaring the 5*^ respondent company as Lowest^Bidderforthe said Tender Notification and also intending to give Letter of Acceptance to the 5th Respondent company, as illegal, arbitrary, violations of Principles of Natural Justice, contrary to the G.O Mo.s No.43 Dt.08-07-2024 and G.O M.S No.49, Dt.02-09-2024, and violation of Articles 14, 19(g), 21 of the Constitution of India and consequently set aside the tender notification dt.20-12-2024 stated supra.'

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lA NO: 1 OF 2025

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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 to direct the Respondents not issue Letter of Acceptance to the 5 th Respondent company, being the Lowest Bidder in pursuant^totheTender Notification, Dt.2012-2024 issued by the 2 nd Respondent herein pertaining to the Podagatlapalli-A (2024-4) sand reach point, Ravulapalem Mandal, Dr.B.R.Ambedkar Konaseema District for excavation and loading of sand in semi mechanised mode, pending disposal of^the above^Writ Petition.

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Counsel for the Petitioner:

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M/s. OMR LAW FIRM

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Counsel for the Respondent Nos.1 to 3, 5: GP FOR INDUSTRIES &

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COMMERCE

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Counsel for the Respondent No.4: GP FOR MINES & GEOLOGY The Court made the following: ORDER

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APHC010011452025

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SBB si-Ss

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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[3310]

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MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 573/2025

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Between:

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Mithila Constructions

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.0 M R LAW FIRM

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Counsel for the Respondent(S):

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1.GP FOR INDUSTRIES COMMERCE

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2.GP FOR MINES AND GEOLOGY

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The Court made the following Order:

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In view of the letter, dated 05.02.2025 addressed to the Registrar (Judicial), by learned counsel for the petitioner, seeking permission of this Court for withdrawal of the Writ Petition, the matter is listed today under the caption “For Withdrawal”.

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