IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE :PRESENT: THE HON’BLE SRI JUSTICE: L.NARASIMHA REDDY WRIT PETITION NOS. 606 & 917 of 2009 W.P.No. 606 of 2009: Between: 1. K.Varaprasad, Special Class Contractor, Licence No. COT/SPL/412/2006, rep. By Sri K.Varaprasad, s/o. Papa Rao, R/o. Ongole, Prakasam District. 2. Gayatri Projects Ltd., 6-3-1090 B-1 TSR Towers, Rajbhavan Road, Somajiguda, Hyderabad, rep. By its Authorized person Sri Ch.Bramhanandam, S/o. Venkateswara Rao, R/o. Chilakaluripet, Guntur District. ..... Petitioners AND 1. The Government of Andhra Pradesh, rep. By Principal Secretary, Medium/Major Irrigation, Secretariat Buildings, Secretariat, Hyderabad. 2. The Superintending Engineer, I & CAD (Irrigation and Catchment Area Development), rep. By Superintending Engineer, Ongole Circle, Ongole, Prakasam District. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more one in the nature of Writ of Mandamus, declaring the action of the respondents in not calling pre bid discussions while calling the tenders through e Procurement down loaded in the internet on 5-1-2009 as well as not furnishing full bid details to the interested contractors including the petitioners is illegal and consequently direct the respondents to call for the pre bid discussions to the Contractors including petitioners by giving full date of the bid particulars. WP.No. 917 of 2009: Between: T.Sivaji, S/o. Subba Rao. ..... Petitioner AND 1. The Government of Andhra Pradesh, rep. By Principal Secretary, Medium/Major Irrigation, Secretariat Buildings, Secretariat, Hyderabad. 2. The Superintending Engineer, I & CAD (Irrigation and Catchment Area Development), rep. By Superintending Engineer, Ongole Circle, Ongole, Prakasam District. .....Respondents ..2.. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not calling pre bid discussions while calling the tenders through e Procurement down loaded in the internet on 5-1-2009 as well as not furnishing full bid details to the interested contractors including the petitioners, is illegal and consequently direct the respondents to call for the pre bid discussions to the Contractors including petitioners by giving full date of the bid particulars. These Petitions coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri Naram Nageswara Rao, Advocate for the Petitioners in both the petitioner and of G.P. for Irrigation for the Respondents in both the petitions, the Court made the following ORDER: “ Learned counsel for the petitioners filed letters to the effect that he has been instructed by petitioners 1 and 2 separately to withdraw the writ petition. Learned Government Pleader for Irrigation has placed before this court a letter to the effect that M/s. Gayathri constructions has not filed any writ petition at all. The matter needs to be verified. Learned counsel for the petitioners shall ensure that Mr. Ch.Bramhanandam, who is said to have represented the second petitioner, appear before this court on 27-01-2009.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Principal Secretary, Medium/Major Irrigation, Government of Andhra Pradesh, Secretariat Buildings, Secretariat, Hyderabad. 2. The Superintending Engineer, Superintending Engineer, I & CAD (Irrigation and Catchment Area Development), Ongole Circle, Ongole, Prakasam District. 3. Two CCs to G.P. for Irrigation, High Court of A.P.Hyd(OUT) 4. One CC to Sri Naram Nageswara Rao, Advocate, High Court of A.P., Hyderabad. (By Spl. Messenger) 5. One spare copy. SAH HIGH COURT LNRJ DATED: 23-01-2009 NOTE: POST ON 27-01-2009 ORDER WP.NOS. 606 & 917 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 23-01-2009 HIGH COURT LNRJ DATED: 23-01-2009 NOTE: POST ON 27-01-2009 ORDER WP.NOS. 606 & 917 OF 2008 DIRECTION