Dismissed

M/s. B. Kumara Swamy Dalith (Sc) Labour Contract v. The Telangana State Southern Power Distribution

Telangana HC7 Dec 2022WP/8338/2016

Case brief

AI extract

What is this about?

High Court of Telangana dismissed a writ petition filed by a labour contract cooperative society challenging the non-award of a statutory tender in its favor, holding the petition became infructuous.

What did the court decide?

The writ petition was dismissed as infructuous and associated miscellaneous petitions were closed.

What the court decided

M/s. B. Kumara Swamy Dalith (Sc) Labour… — Public Procurement and Tenders | Telangana HC (2022)

¶1

[³³⁰² I

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction)

¶3

WEDNESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K. SARATH

¶6

WRIT PETITION NO:8338 OF 2016

¶7

Between:

¶8

M/s. B. Kumara Swamy Dalith (SC) Labour Contract, Co-operative Society, Burahanpally Village, Raiparthy Mandal. Warangal District. rep. by its President B. Kumara Swamy S/o Mallaiah, aged about 45 years.

¶9

...PETITIONER

¶10

AND

¶11

The Telangana State Southern Power Distribution, Company Ltd., having its Corporate Office at [t/int Compound, Hyderabad - 500004 rep by its Chairman & tVlanaging Director

¶12

The Chief General Manager (Operation), RR Zone, TS SPDCL. Corporate Office at Mint Compound. Hyderabad - 500004 -v

¶13

The Superintending Engineer, Lines i RR Circle, TS SPDCL, Mint Compound, Hyderabad - 500004

¶14

M/s. Bharani Enterprises,, H.No.4-82lC. Gudibanda Road, Kodad (T&M). Nalgonda District - 508206 rep. by its Proprietor Nagaraju

¶15

...RESPONDENTS

¶16

Petition under Article 226 of the Constitution of India praying that in the circumstances s+ated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction one particularly one in the nature writ of mandamus'

¶17

declaring the action of the 3rd Respondent^{in issuing the LetterNo.} SE rlines / RR Circle lfech lF.No.^Sp.32 /^{D.No. 1883 / 15, dated} 23-12-2015 and in not awarding the Contract in^{favour of the} Petitioner, though he is the lowest bidder,^{pursuant to the Tender} Notil'ication f ender-3212015-2016, as^{arbitrary, illegaland violative of} Articles 14, 19 (1) (g) and 21 of the Constitution of^{lndia and} consequently set aside the Letter^{No. SE /Lines} /^{RR Circle / Tech i} F.Nc. Sp.32 / D.No. 1883 /^15, dated^{23-12-2015issued by the 3rd} Respondent and direct the 3rd Respondent to award the Tenderⁱⁿ favour of the Petitioner Society.

¶18

l.A. t'lO: 1 OF 2016^(WPMP. NO: 1056⁹ 0F²⁰¹⁶⁾

¶19

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 to stay all^{further proceedings pursuant to} the l-ender Specification No. Tender-32 I^2015-2016 or^{alternatively} direct the 3rd Respondent not to Award the^{Contract in favour of the} 41th Respondent^pursuant to the Tender Specification^{No. Tender-32 i} 2015-2016,^pending the above writ^petition.

¶20

Counsel for the Petitioner: SRl. CHANDRAIAH SUNKARA

¶21

Counsel for the Respondents: R VINOD REDDY^{(SC FOR}

¶22

TSTRANSCO)

¶23

The Oourt made the following: ORDER

¶24

THE HON'BLE SRI JUSTICE^K.SARATH

¶25

WRIT PETITION No.8338 of 2016

¶26

ORDER:

¶27

Learned Counsel appearing for the^petitioner

¶28

submits that the cause in the^{Writ Petition does not} survive and thercby thc Writ^{Petition has become} infructuous.

¶29

Recording thc abovc said submission,^{the Writ}

¶30

Petition is dismisscd as^infructuous.

¶31

As scquel to it, Miscellaneous^{Petitions,ifany}

¶32

pending, sha-ll stand closcd.^{No orderas to costs.}

¶33

I I

¶34

//TRUE COPY//

¶35

SD/-K,AMMAJI ASSISTANT REGISTRAR qb

I II

SECTION OFFICER

To,

1 . The Chairman & Managing Director ,Telangana State Southern Power Distribution, Company Ltd., Having lts Corporate Office At Mint Compound, Hyderabad - 500004 .

¶40

The Chief General Manager (Operation), RR Zone, TS SPDCL. Corporate Office at Mint Compound. Hyderabad - 500004 -v

¶41

The Superintending Engineer, Lines / RR Circle, TS SPDCL,^Mint Compound, Hyderabad - 500004

¶42

SRI Proprietor Nagaraju, M/s. Bharani Enterprises,, H.No.4-82lC. Gudibanda Road, Kodad (T&M). Nalgonda District - 508206

¶43

One CC to SRl. CHANDRAIAH SUNKARA Advocate [OPUC]

¶44

6 One CC to SRL R VINOD REDDY^{(SC FOR} TSTRANSCO) Advocate [OPUC]

¶45

Two CD Copies

¶46

One Spare copy qss

HIGiH COURT

DA'IED: 0711212022

ORDER

WP,No.8338 of 2016

i$i: srA 14:
(o
4"
o():)
3 S 0E[ ?022 II
i'/
/,/,
!tt

¶52

DISMISSING OF THE WRIT PETITION

¶53

NO^If,RDER AS TO COSTS

¶54

1,t''n=a

M/s. B. Kumara Swamy Dalith (Sc) Labour Contract v. The Telangana State Southern Power Distribution

Case brief

What is this about?

What did the court decide?

What the court decided

M/s. B. Kumara Swamy Dalith (Sc) Labour Contract v. The Telangana State Southern Power Distribution

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhonagiri Venkat Kalyan Goud Vs Southern Power Distribution Company of Telangana Limited and 3 others

A.Ramana Rao Vs Southern Power Distribution Company of Telangana Limited and 3 others

M/s. Prestige Office Ventures Vs The State of Telangana and 5 others

M/s Sreevatsava Builders Vs The Southern Power Distribution Company of Telangana State Ltd.

Asra Housing Vs The State of Telangana

Mohammed Javeed Vs The Telangana State Southern Power Distribution Company (Tsspdc) Ltd.