Writ petitioner challenged a tender notification issued after its contract expired as arbitrary and violative of constitutional rights. The Court held that the notification was lawful as the previous contract had matured and ruled out a stay on the tender process, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE A.GOPAL REDDY
WRIT PETITION NO : 17073 of 2004
Between:
Nehru Yuvak Sangam Banswada, rep. by its President J. Ramulu S/o Mogulaiah, R/o Old Banswada, Nizamabad District.
..... PETITIONER
AND
.....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 an appropriate writ, order or direction, particularly one in the nature of writ of Mandamus declaring the Tender Notification No. RC.No. 149/AHB/04 published in News Papers dt. 129-04 is arbitrary, illegal, and violative of the Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents herein to renew the contract of the Petitioner Sangam.
For the Petitioner: MR.VENKATESWARLU VALMIKI , Advocate For the Respondents: MR.K.L.N.SWAMY, Standing Counsel
The Court made the following :
ORAL ORDER:
Admittedly, the petitioner was awarded contract work for maintenance of sanitation work and cleaning toilets and floor area at Area Hospital, Banswada for a period of six months from 1-4-2004 to 30-9-2004. Since the contract period is maturing, the respondents issued the impugned tender notification inviting tender for the said work. It is always open for the petitioner to file its tender pursuant to the impugned tender notification but it cannot stall the tender process since the contract period is already expired.
In view of the same, issuing tender notification calling tenders for the sanitation work cannot be termed as arbitrary and illegal.
The writ petition is accordingly dismissed.
A.GOPAL REDDY,J
Dt. 1-10-2004
kmr
To
4. 2 CD copies
2 issues framed by the court
Whether issuing a tender notification for sanitation work after the expiration of a previous contract is arbitrary, illegal, and violative of Articles 14, 16, and 21 of the Constitution.
Whether the High Court should direct the respondents to renew the petitioner's contract.
1 provisions across 1 enactments
Nehru Yuvak Sangam Banswada, rep. by its President J. Ramulu
The Commissioner, A.P. Vaidya Vidhana Parishad, Hyderabad
District Co-ordinator of Hospital Services, Nizamabad
Medical Superintendent, Area Hospital, Banswada, Nizamabad District
A. GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
