Government & Administrative Law

Our work includes writ petitions challenging government orders and notifications, blacklisting and debarment, cancellation and refusal of licences, permits, and registrations, tender and contract disputes with government and public bodies, enforcement of government contracts and release of payments, disputes over quarrying and mining leases and permissions, and matters before regulatory bodies. We also handle appeals under the Right to Information Act, action against arbitrary and mala fide exercise of power, and claims for the grant of statutory benefits wrongly withheld.

Administrative law is the law that governs the exercise of public power. Every government decision — a licence granted or refused, a tender awarded or cancelled, a benefit given or withheld — must be made within the authority conferred by law, by a person who has the power to make it, after following a fair procedure, and without bias or improper motive. Where any of these requirements is not met, the decision can be challenged before the High Court by way of a writ petition under Article 226 of the Constitution.

Blacklisting and debarment are among the most serious administrative actions a business can face. A contractor blacklisted by a government department loses access to public contracts, sometimes across the entire government. We have challenged blacklisting orders before the High Court of Andhra Pradesh, and we understand the procedural requirements that must be followed before such an order can be passed — the requirement of notice, the opportunity to be heard, and the obligation to give reasons.

Tender disputes are another significant area. Where a tender has been awarded in a manner that is arbitrary, where the evaluation criteria have not been applied consistently, or where the process has been tainted by bias, the aggrieved bidder can challenge the award before the High Court. We advise on the prospects of such a challenge, the urgency required, and the relief that can be sought.

The Right to Information Act gives every citizen the right to seek information from public authorities. Where information is wrongly denied, the matter can be taken to the State Information Commission and, if necessary, to the High Court. We assist clients in filing RTI applications, appealing denials, and challenging orders of the Information Commission.

These matters are carried through the High Court of Andhra Pradesh at Amaravati and, by appeal and special leave under Article 136, to the Supreme Court of India. We also advise on the administrative law aspects of regulatory compliance, helping businesses understand the powers of the regulators they deal with and the limits of those powers.