The High Court heard a writ petition regarding the demand of earnest money deposit in government tenders. The petition was closed on the representation that no further orders were necessary due to existing interim orders.
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)
FRIDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 22332 OF 2015
Between:
Qurgaiq!,S/o Venkataiah, ContractorRl/o Madikonda, HanmakondaAged about 41 years Warangal Dist.
...PETITIONER
AND
The Superintendent Engineer, Andhra Pradesh Education and Welfare lnfrastructure Development Corporation 4th Floor RVM Building, SCERT Compound, L.B. Stadium, Hyderabad.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the illegal action of the respondent not following various Government orders and orders of this Hon'ble Court regarding exemption of earnest money deposit (EMD), from the Petitioner in connection with the works notified in NlT. No. SE/TEWIDC/HYD/N|T/60/2015-16 dated 27-042015 (sth call) and NIT No. SE/TEWIDC/HYD/N|T/58/2015-16 dated 27-04-2015 (sth Call) and insisting the same at the time of conclusion of agreement with the respondent is illegal arbitrary and violation of Article 14,19, and 21 of lndian Constitution and consequently direct the respondents not to insist earnest money deposit, from the Petitioner at the time of conclusion of agreement or entering into agreement in connection with the works in tender No. NlT. No. SE/TEWIDC/HYD/NIT/60/2015-16 dated 27-04-2015 and (Sth call) and NlT. No. SEiTEWIDC/HYD/NlT/58/2015-16 dated 27-04-2015 (sth Call)respondent authority.
l.A. NO: 1 OF 2015 P. NO: 28834 OF 2015 )
Petition under section 151cPC praying thatin the circumstances statedin the affidavit filed in support ofthe petition, the High Court maybe pleasedto direct the respondentnot to insist earnest money deposit fromthe Petitionerin connection with the acceptedworks by entering into agreementwith respondent in connection with tendernoticesNlT. No. SEffEWIDC/HYD/NlT/6012015-16 dated 27-04-2015 and(Sthcall)and NlT. No. sE/TEWIDC/HYD/N|T/5812015-16 daled 27-04-2015(sth Call)pending Writ petition.
Counsel for the Petitioner:SRl. KOONA REDDY ANJI REDDY
Counsel for the ResPondent:--
The Court made the following: ORDER
I
-7
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.22332 OF 2015
ORDER:
Heard Sri Koona Reddy Anji Reddy, learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent.
2 The Detitioner aooroached he Court seekino oraver as
u nder:
"...to lssue an appropriate writ order or direction more particularly in the nature of writ of mandamus declaring the illegal action of the respondent not following various Government orders and orders of this Hon'ble Court regarding exemption of earnest money deposit EMD from the Petitioner in connection with the works notified in NIT, No. SE/TEWIDC/HYD/NIT/60/2015-16 dated 27.O4.2015 (5th call) and NIT No.SE/TEWIDC/HYD/NIT/58 /2015-16 dated 27.04.2015 (5th Call) and insisting the same at the time of conclusion of agreement with the respondent is illegal arbitrary and violation of Article 14, 19 and 21 of Indian Constitution and consequently direct the respondents not to insist earnest money deposit from the Petitioner at the time of conclusion of agreement or entering into agreement in connection with the works in tender No NIT, No. SE/TEWIDC/HYD/NII/60/2015-16 dated 27.O4.2075 and(5th call) and NIT No.SE/TEWIDC/HYD/NIT/58/2015-16 dated 27.O4.2015 (5th Call) respondent authority and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
\
I
2
wP 22112 2015
As a sequel, the miscellaneous petitions, if
any, pending in the Writ Petition shall also stand closed.
To,
Sd/. K. AMMAJI ASSTSTANTgEGTSTRAR //TRUE COPY// SECTION OFFICER
HIGH COURT
DATED:0811112024
ORDER
WP.No.22332 ot 2015
l-1 261.;-;'a-T>., ' -'l.+
!) O7 J/|il n25 (1r
z
o /
tl
"./
CLOSING THE WRIT PETITION WITHOUTCOSTS
It
// r'
Qurgaiq
Superintendent Engineer, Andhra Pradesh Education and Welfare Infrastructure Development Corporation
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
