The court disposed of two writ petitions concerning a tender notification dated 17.07.2018. Directing the competent authority to consider objections and finalize bids in accordance with rules within two weeks, the court closed interlocutory applications and imposed no costs.
Directed respondents to finalize bids considering objections within two weeks.
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.
THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
W.P.NOS.26752 AND 33967 OF 2018
COMMON ORDER
Since the issue is common in both the writ petitions, they are being
disposed of by this common order.
The case of the petitioner in W.P.No.33967 of 2018 is that though he
is the successful bidder in pursuance of the tender notification dated 17.07.2018 and complied with all the formalities, respondents are not executing the agreement for commencement of work and as such, filed the said writ petition.
The case of the petitioner in W.P.No.26752 of 2018, who is the 5th respondent in W.P.No.33967 of 2018, is that the respondent authorities are accepting the unqualified tender bids in pursuance of the tender notification dated 17.07.2018, as such, he filed the writ petition.
This court by interim order dated 01.08.2018 in W.P.No.26752 of 2018 directed the respondents to consider the representation of the petitioner dated 27.07.2018 in accordance with law within a period of two weeks from the date of receipt of the said order.
Learned counsel for the petitioner in W.P.No.33967 of 2018 submits
that because of the pendency of the writ petition, respondents are not executing agreement, though bid was finalized.
Learned Assistant Government Pleader for Medical and Health
seeks time for instructions.
Since the issue involved in both the writ petitions pertains to
finalization of tender, they are disposed of directing the competent authority to consider the objections of the petitioner in W.P.No.26752 of 2018, if not already considered, and finalize the bids in accordance with
rules, within a period of two weeks from the date of receipt of a copy of
this order.
Interlocutory applications pending, if any, shall stand closed. No
costs.
---------------------------------------------- A.RAJASHEKER REDDY,J DATE:03—10—2018 AVS
3 issues framed by the court
Whether respondents should finalize bids in accordance with rules after considering objections in pending writ petitions.
Whether the authority is entitled to accept unqualified tender bids contrary to the successful bidder.
Whether respondents should execute the agreement with the successful bidder while W.P.No.33967 is pending.
Successful Bidder in W.P.No.33967 of 2018
Successful Bidder in W.P.No.33967 of 2018
Petitioner in W.P.No.26752 of 2018
Competent Authority (Respondents)
A.RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
