Temple bidder challenged re-issuance of a tender notification for sale of coconuts, flowers and puja materials despite being highest bidder. The court held no lease is valid until approved by the Competent Authority and dismissed the writ petition.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdictircn)
THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENWFI\IE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO:30988 OF 2024
Between:
Avula Ravi. S/o.Dharmaiah, Aged about 39 years, Occ; Business, Rl/o. H.No.3-44, Muddapuram Valigonda mandal, Yadadri Bhuvanagiri District.
.....PETITIONER
AND
.....RESPONDENTS
Petition Under Nlicle 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 a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents Nos.2 to 5 in issuing tender notification dated 02.'1 1 .2024 in File No. 74ISKHD12O24 issued by the 5th respondent inviting sealed tenders for sale of coconut, flower and puja materials at Sri. Hanuman Temple, Karmanghat, Saroornagar, Ranga Reddy district after accepting the tender submitted by the petitioners being highest bidder in sealed tender as well as open auction for sale of coconuts, flowers and puja material at Sri. Hanuman Temple, Karmanghat, Saroornagar, Ranga Reddy drstrict pursuant
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to tender notification dated19.10.2024 in File No.74ISKHD/2024and received50 percentageoftenderedamountasperthetenderconditions,asillegal,arlritrary and violative ofPrinciplesof Natural Justice and consequently direct the respondents topermitthe petitioner to carry on business of sale of coconuts, flowers andpuja material at 5th respondent temple by executing the lease deedin favour of the Petitioner.
l.A.NO:1 OF 2024
Petition Under Section151 CPC praying that in the circumstances statedin the affidavitfiled in supportof the petition, the Highcourt may be pleased to suspend thetender notification dated02.11 .2024in File No. 74lsKHDl2024 issued by the5th respondent inviting sealedtenders for sale of coconut,flower andpuja materialsat Sri.HanumanTemple.Karmanghat,Saroornagar'Ranga Reddy district bypermittingthe petitioner to carry on businessof sale of coconuts, flowersand puja materialat 5th respondent temple with effect from 11 .11 .2024,pending disposalof the above writ petition'
t.A.NOi2OF 2024
Between:
.....PETlTlONERS/RESPONDENTSNos.4 & 5
AND
.....RESPONDENT/PETITIONER
2.The State of Telangana,Representedby its Principal Secretary, Endowment Department.Secretariat, Hyderabad.
Petition Under section151 CPCpraying that in the circumstances statedin the affidavit filed in supportof the petition,the Highcourt may be pleasedto vacate the orderspassedin l.A.No.'l ot 2024 in W P' No' 30988 of 2024 'Dt: 06.11.2024 in theinterest of iustice.
Counsel for thePetitioner: SRI A.PRABHAKARRAO
Counsel for the RespondentNos.1to 3 : GP FOR ENDOWMENTS Counsel for theRespondent Nos.4 & 5 : SRI J.R'MANOHAR RAO
The Court made thefollowingORDER
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respect towhether or not to acceptthe bid of a particular contractor. LearnedGovernmentPleaderhas drawn attention to Rule 12(1)(2)(3)arrd' 14(21 of the 2OO3 Rules'Rule 12(3) of which clearly lays downthat no lease or licence shall be valid until it is approvedby the CompetentAuthority As per Rule 14(2), no person shallbe allowedto enforce his rights undcr thc Iease or license untilhe has executed the lease deed ltrs categorically stated inthe counter that the Competent Authority found that bid knockeddown by petitionerinfavour o[ petitioner is substantiallyless than the bid for the previous vear and directed theExecutiveOIIicer of the templeto re-conduct the sealed tender-cum-publicauction for protection of intcrcst of the temple uide orderdated OI.ll2024- Accordingtcr respondent temple, asper the tender conditions, tcndcr proc('ss will be bound by the frnal approvalo[ thc Competent Authorit</sup> and the Executive Oflicerhas right to cancel thc tendt'ru'ithoLtt assigning any reasons ifthe bid amount is not requisite' ln view of the same and also inview of 2OO3 Rltlcs :rs trlso thc settled legal position, this Courtis not irrclined to inlerfere\'rtl1 the impugned notification.The Writ Pc(itionis thereltrre,Ii:rtrle to be dismissed.
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The Writ petition is accordingly, dismissed. No
costs
//TRUE COPY//
SD/. L. LAKSHMT BAB U DE UTY REGISTRAR
ECTION OFFTCER the State of Telangana
To
SA GJP
(v
1
\
HIGH COURT
DATED:1310312025
ORDER
WP.No.30988of 2024
1HE Sr4r 6
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2 0 JU[l 20[
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Crc.sparcircl
DISMISSINGTHE W.P
WITHOUT COSTS. lL( o\ 2)
1 issue framed by the court
Whether the temple could cancel the petitioner's highest bid and re-tender for sale of coconuts, flowers and puja material without approval of the Competent Authority under the 2003 Rules?
4 provisions across 3 enactments
Avula Ravi
The State of Telangana, represented by its Principal Secretary, Endowment Department
The Commissioner, Endowments Department, Hyderabad
The Assistant Commissioner, Endowments Department, Ranga Reddy District
The Executive Officer, Sri Hanuman Temple, Karmanghat Village, Saroornagar Mandal, Ranga Reddy District
Sri Hanuman Temple, Karmanghat, Saroornagar Mandal, Ranga Reddy District
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
