Writ petition challenging award of a TSMSIDC tender to the fifth respondent as arbitrary. The respondent had already disposed of the petitioner's representation per earlier court directions; as interim orders stood complied with, the writ petition was closed without costs.
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.
132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 13527 OF 2017
Between:
Balne Kamalakar, S/o. Venkatesham, aged. 45years, Occ ; ContractorC-ll,Rl/o H.No. 7 -2-B2l 29-83, lnd ra Nagar, N irmal, Ad ilabad District.
....PETITIONER
AND
.....RESPONDENTS
Petition Under Article 226 o'f lhe Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHiqh Courtmay be ,Pl9e!9{to issue an apropriate writ, order or direction moreparticularl one tn e the nature of WRIT OF.,MANDAMUS declaring lheactionof theSrdres ..-.'-..].---] accepting tender bid and awarding the tender to the Sthrespohd en ISI ega arbitrary, contrary to the terms and conditions of the Tender NoticeNo. 33-5/SE/ TSMSIDC -Circle/KNR/ 2016-17 Dt-O7-0t2-2017, and violation offundamental rights guaranteed under the constitution of lndia andconsequentlydirect the
7
respondents to accept the tender bid of the petitioner and award the contract in pursuance to the above said notification.
l.A.NO:1 OF 2017 (WPMp.NO:16783 OF 2017)
Petition Under Section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to stay all further proceedings pursuant to the tender notice No. 33-s/sE/TSMSIDC - circle/KNR/ 2016-1r dt 07-02-2017 issued by the 3rd respondent, pending disposal of the main writ petition.
Counsel for the Petitioner : SRI A.JAGAN
.!9_ylselforthe Respondent No.1 : cp FOR MEDTCAL HEALTH AND FAMtLy WELFARE
Counsel for the Respondent Nos.2 to 4 : SRI C.AppAlAH SHARMA
Counsel for the Respondent No.5 : -
The Court made the following ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.13527 OF 2O17
ORD'ER:
Heard Sri A.Jagan, learned counsel appearing on behalf of the petitioner, learned Government pleader for Medical Health, appearing on behalf of the respondent No.1 and Sri C.Appaiah Sharma, learned counsel appearing on behalf of the respondent Nos.2 to 4.
2 he era ched ourt ra r
u nder:
"...to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3.d respondent in accepting tender bid and awarding the tender to the 5th respondent is illegal, arbitrary, contrary to the terms and conditions of the Tender Notice No. 33-5/SE/TSMSIDC-Ci rcte/KNR/ 2076- t7 Dt: 07-022077, and violation of fundamental rights guaranteed under the constitution of India and consequently direct the respondents to accept the tender bid of the petitioner and award the contract in pursuance to the above said notification such other order or orders as this Hon'ble court deem fit and proper in the circumstances of the case..,
rl
2 wP -t3527 z;i;
"There shall be a direction to the
Superintendent Engineer, Tetangana State Medical Services and Infrastructure Development Corporation, Karimnagar Circle, Ka mnagar-the 3'd respondent herein to pass appropriate orders on the representation dated 25.02.2017, said to have been submitted by the petitioner, within a period of two weeks from today. It is further directed that the respondents shall not finalize the subject tenders without passing orders on the said representation dated 2 5. 02.20 1 7. "
4, The counter affidavit has been filed on behalf of the respondent No.3 and inparticular, Daraqraph Nos.5 and 8 of the said counter are extracted hereunder:
"5. In reply to para No.4, it is respectfully submitted that, the 3'd respondent has taken action as per the instructions laid in the letter of Commissionerate of Tenders, Hyderabad vide Lr. No. COT/EEIlDEEI/TS/Reforms/2013 dated 26.06.20L3 and it is False to allege that the local MLA was influenced in the award of tender.
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\vP 13527 1017
paragraph Nos.5 and 8 of the counter affidavit filed on behalf of the respondent No.3 and in view of the fact that the interim orders of this Court dated L7.O4.2OL7, passed in W.P.M.P.No.16783 ot 2OL7 in W.p.No.13S27 ot 2Ot7 had been complied with and communication dated L7,O3.ZOL7 had been issued to the petitioner duly considering the petitioner's representation dated 25.O2.2OL7, the writ petition is closed. However, there shau be no order as to costs.
As a sequel, the miscellaneous petitions, if
any, pending in the Writ Petition shall also stand closed.
SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR
//TRUE COPY//
S TION OFFICER
\
To 1. Two CCs to GPFOR MEDICAL HEALTH ANDFAMILY WELFARE,High Court for the State ofTelangana at Hyderabad.[OUT]
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SA GJP
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HIGH COURT
DATED:0611112024
ORDER
WP.No.13527 of 2017
1 S T4 r6'
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CLOSING THE W.P
WITHOUT COSTS.
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1 issue framed by the court
Whether the 3rd respondent's acceptance of the tender bid of the 5th respondent contrary to the terms of Tender Notice No. 33-5/SE/TSMSIDC-Circle/KNR/2016-17 was arbitrary and illegal.
2 provisions across 2 enactments
Balne Kamalakar
The State of Telangana, Rep. by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad
The Telangana State Medical Services & Infrastructure Development Corporation, Rep. by its Managing Director, Koti, Hyderabad
The Superintendent Engineer, Telangana State Medical Services and Infrastructure Development Corporation, Karimnagar Circle, Karimnagar
The Executive Engineer, Telangana State Medical Services and Infrastructure Development Corporation, RMS Division, Adilabad
Farquhar Ahmed Khan
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
