Padileti Chenchamma, W/o. Late P.Venkataswami Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC15 Jul 2022WP/23615/2015

Case brief

AI extract

What is this about?

This court considered a writ petition challenging the sanctioning of works under the Neeru-Chettu Programme via tender methods instead of the insisted e-procurement system, citing the scheme's time-bound nature and completion of works as reasons to close the petition.

What did the court decide?

Writ petition closed; no order as to costs; pending miscellaneous petitions stand closed.

Padileti Chenchamma, W/o. Late… — Public Procurement and Tenders | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 23615 of 2015

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ORDER:

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Heard learned counsel for the petitioners, learned Assistant Government Pleader for Irrigation appearing for the official respondents, and learned counsel for the 4^th respondent.

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This writ petition is filed to declare the action of the 2^nd respondent in sanctioning various works under Neeru-Chettu Programme without adopting e-procurement/e-tenders, as illegal, arbitrary and contrary to G.O.Ms.No.62, Irrigation & CAD (PW:Reforms) Department, dated 18.07.2013 and G.O.Ms.No.2, Finance (Works & Projects – F7) Department, dated 03.02.2014.

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According to the petitioners, for better management, transparency and uniformity across all the Departments, the Government of Andhra Pradesh took a policy decision to adopt e-procurement/e-tendering system for all the works costing Rs.5.00 lakhs and above and to that effect, issued G.O.Ms.No.62 dated 03.02.2014. Subsequently, the Government also issued G.O.Ms.No.2 dated 03.02.2014 in respect of all the works and the material procurement costing Rs.1.00 lakh and above. But, in violation of the said G.Os., the respondent authorities sanctioned several works under “Neeru-Chettu programme” without adopting e-procurement/ e-tendering system, as a result of which, the petitioners are deprived of their legitimate right to get the contract.

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NV,J W.P.No.23615 of 2015

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A counter affidavit was filed on behalf of the 3^rd respondent stating that Neeru Chettu programme is a time bound programme targeted to be completed before the onset of monsoon. In this programme, only desilting of tanks, feeder channel etc., are taken up with a view to conserve water and to create additional storage of water for improvement & encashment of surface water, soil moisture and ground water with the active participation of people. This programme itself was proposed to be taken up with the participation of people and the works would be decided in Gramasabhas without any profit to anybody involved in the works. These works are taken up in a campaign mode, as it requires participation of people.

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i) It is also stated that the Government of Andhra Pradesh had constituted a Group of Ministers to finalize the guidelines for Neeru Chettu programme and accordingly, the Group of Ministers finalized the guidelines for implementation of the programme and on the recommendations of the Group of Ministers, G.O.Ms.No.70 dated 04.12.2014 was issued. Neeru Chettu programme is a campaign based water conservation programme in which the farmers would transport the silt to their fields at their own cost and the Government will pay for the excavators only without any profit. Whereas in the e-procurement/e-tendering process, the estimate is prepared in accordance with SSR with 14% contractors profit. For the aforesaid reasons, G.O.Ms.No.62 dated 18.07.2013 and G.O.Ms.No.2 dated 03.02.2014 are not applicable to the present works. The works were

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NV,J W.P.No.23615 of 2015

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already completed by 15.08.2015 and the bills were prepared to be submitted to the Pay and Accounts Officer, Nellore. Therefore, there are no merits in the writ petition and the same is liable to be dismissed.

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The 4^th respondent also filed a counter affidavit stating that Janmabhoomi Mavooru committee had entrusted the works relating to desilting in foreshore area and restoration of tank bund of Palugodu. He entered into agreements with the respondent authorities vide agreement Nos.202 and 259 dated 22.07.2015 and 25.07.2015 respectively and completed the works by the end of August, 2015. The check measurement was done by the Deputy Executive Engineer. Though the petitioner completed the works as per the specifications and the bills were sanctioned, the amount has not been paid to him due to the order of status-quo passed by this Court.

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Having gone through the material placed before the Court as well as the counter-affidavits of the respondents, this Court is of the opinion that as the Neeru Chettu Programme is a time bound programme and as the 4^th respondent has already completed the works by the end of August, 2015, no further orders are necessary in this writ petition.

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Accordingly, the Writ Petition is closed. No order as to costs.

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NV,J W.P.No.23615 of 2015

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Consequently, Miscellaneous Petitions, if any, pending in this

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Writ Petition shall stand closed.

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____________________________________ VENKATESWARLU NIMMAGADDA, J

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15^th July, 2022 cbs

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NV,J W.P.No.23615 of 2015

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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Writ Petition No.23615 of 2015

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15^th July, 2022

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cbs

Padileti Chenchamma, W/o. Late P.Venkataswami Reddy v. The State of Andhra Pradesh

Case brief

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Padileti Chenchamma, W/o. Late P.Venkataswami Reddy v. The State of Andhra Pradesh

Case brief

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