WP/14973/2026 of SIVA SAI CONSTRUCTIONS Vs THE UNION OF INDIA on 29 June 2026

Date of reserved for orders :-----

Date of pronouncement :30.06.2026

Date of uploading :

APHC010286762026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE 30th DAY OF JUNE 2026

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 14973/2026

Between:

1. SIVA SAI CONSTRUCTIONS, , KUTAGULLA, KADIRI REP. BY ITS

MANAGING

PARTNER,

K.V.SAI

PRANEETH

REDDY,

S/O.K.V.RAMESH REDDY, AGED ABOUT 40 YEARS, HAVING ITS

OFFICE ATKUTUGAULLA VILLAGE, KUTAGULLA, KADIRI MANDAL, SATYA SAI DISTRICT.

...PETITIONER

AND

1. THE UNION OF INDIA, REP., BY ITS DIRECTOR GENERAL (ROAD

DEVELOPMENT) AND SPECIAL SECRETARY, MINISTRY OF ROAD

TRANSPORT

AND

HIGHWAYS,

TRANSPORT

BHAWAN,

PARLIAMENT STREET, NEW DELHI.

2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL

SECRETARY,

ROADS

AND

BUILDINGS

DEPARTMENT,

SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.

3. THE ENGINEERINCHIEF, ROADS AND BUILDINGS, NATIONAL

HIGHWAYS AND CRT, HAVING OFFICE AT STATE HOD OFFICES

BUILDING, MG ROAD, VIJAYAWADA.

4. THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND

HIGHWAYS, 4TH FLOOR, NEAR KANAKA DURGA VARADHI, RANI

GARI THOTA, KRISHNA LANKA, VIJAYAWADA.

5. THE

SUPERINTENDING

ENGINEER

R

B,

NH

CIRCLE,

ANANTHAPURAMU, OPPOSITE TO MEDICAL COLLEGE, SAI

NAGAR, ANANTHAPURAMU.

6. 6

THE

EXECUTIVE

ENGINEER

R

B,

NH

DIVISION,

ANANTHAPURAMU, OPPOSITE TO ZILLA PARISHAD OFFICE, NEAR GEETHA MANDIR, ANANTHAPURAMU.

...RESPONDENT(S):

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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ It is, therefore, prayed that this Honble Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus the proceedings in NIT.

No

35/STMC/SE.NH.ATP/AEE-

1/2025-26

in

Tender

ID-

2026_MoRTH_893669_l,

dated

21.05.2026,

served

on

22.05.2026

disqualifying the petitioner as Technically Non- Responsive as per Clause 33.3 (b) of Section-II of ITB issued by the respondent No.5 for Short Term Maintenance Contract of (i) ROB @ L.C. No. 75 from Km 220.190 to Km 221.620 in Thumanam gutta village limits of NH-42 (ii) ROB @ L.C. No. 88

from Km 56.400 to Km 57.800 in Kurabalakota village limits of NH-340 (iii)

from Km 168.450 to Km 185.000 of Kowlepalle to Thanakallu section of NH- 42 (iv) from Km 185.000 to Km 202.050 of Thanakallu to Mulakalacheruvu section of NH-42, without assigning any reasons whatsoever as illegal, colourable exercise of power, malafide, in order to favour third parties apart from being violative of the Fundamental Rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the the proceedings NIT.

Noa)

in

Tender

ID-

35/STMC/SE.NH.ATP/AEE-1/2025-26 in 2026_MoRTH_893669_I, dated 21.05.2026, served on 22.05.2026 disqualifyiilg the petitioner as Technically Non-Responsive as per Clause 33.3 (b) of Section-II of ITB issued by the respondent No.5 and further direct the respondents to permit the petitioner to participateb)

and

evaluate

its

bid

in

tender

in

NIT.

No

35/STMC/SE.NH.ATP/AEE

-

1/2025-26

in

Tender

ID-

2026_MoRTH_893669_l, dated 09.01.2026 for Short Term Maintenance Contract of (i) ROB @ L.C. No. 75 from Km 220.190 to Km 221.620 in Thumanam gutta village limits of NH-42 (ii) ROB @ L.C. No. 88 from Km 56.400 to Km 57.800 in Kurabalakota illage limits of NH-340 (iii) from Km 168.450 to Km 185.000 of Kowlepalle to Thanakallu section of NH-42 (iv)

from Km 185.000 to Km 202.050 of Thanakallu to Mulakalacheruvu section of NH-42 and pass IA NO: 1 OF 2026

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 pleased to stay all further proceedings in pursuance of Tender in NIT. No:

35/STMC/SE.NH.ATP/AEE-1/2025-26 Tender ID-m 2026_MoRTH_893669 I, dated 09.01.2026 for Short Term Maintenance Contract of (i) ROB @ L.C.

No. 75 from Km 220.190 to Km 221.620 in Thumanam gutta village limits of NH-42 (ii) ROB @ L.C. No. 88 from Km 56.400 to Km 57.800 in Kurabalakota village limits of NH-340 (iii) from Km 168.450 to Km 185.000 of Kowlepalle to Thanakallu section of NH-42 (iv) from Km 185.000 to Km 202.050 of Thanakallu to Mulakalacheruvu section of NH-42 pending disposal of the Writ Petition and pass such other order or orders as this Hon’ble Court may deems just fit and proper in facts and circumstances of case to meet the ends of justice.

IA NO: 2 OF 2026

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 pleased to consider the bid of the petitioners and evaluate the same in pursuance of Tender in Tender in NIT. No: 35/STMC/SE.NH.ATP/AEE- 1/2025-26 in Tender ID- 2026_MoRTH_893669_l, dated 09.01.2026 for Short Term Maintenance Contract of (i) ROB @ L.C. No. 75 from Km 220.190 to Km 221.620 in Thumanam gutta village limits of NH-42 (ii) ROB @ L.C. No.

88 from Km 56.400 to Km 57.800 in Kurabalakota village limits of NH-340 (iii)

from Km 168.450 to Km 185.000 of Kowlepalle to Thanakallu section of NH- 42 (iv) from Km 185.000 to Km 202.050 of Thanakallu to Mulakalacheruvu section of NH-42, nothwithstanding the proceedings, dated 21.05.2026

pending disposal of the Writ Petition and pass Counsel for the Petitioner:

1. B.ABHAY SIDDHANTH MOOTHA

Counsel for the Respondent(S):

1. GP FOR ROADS BUILDINGS

2.