Telangana High Court
Gopi Enterprises vs The State Of Telangana on 6 November, 2024
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.22798 OF 2024
ORAL ORDER:
Heard Mr.Bhavani Prasad, learned counsel representing Mr.K.Rama Subba Rao, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent Nos.1 and 2, Mr.M.Ram Mohan Reddy, learned Standing Counsel for respondent No.3. Perused the record.
2. This Writ Petition is filed to declare the proceedings dated 08.04.2024 of respondent No.3 awarding contract for collection of chicken/mutton/fish waste from the respective shops within its jurisdiction for a period of three (03) years in favour of respondent No.5 as illegal.
3. Despite service of notice, there is no representation on behalf of respondent No.5.
4. Vide the aforesaid order dated 08.04.2024, respondent No.3 entrusted work to respondent No.5 on 2 the basis of nomination, since he was existing contractor. Vide order dated 21.08.2024, this Court granted interim suspension of proceedings dated 08.04.2024, permitted respondent No.3 to avail the services/contract granted in favour of respondent Nos.4 and 5 till 06.09.2024.
5. Thereafter, respondent No.3 issued tender notification and conducted auction on 03.10.2024 wherein respondent No.5 stood as successful bidder by quoting an amount of Rs.8,50,000/- per annum. Respondent No.5 has to deposit the entire amount immediately. Despite granting one week time, respondent No.5 failed to deposit the said amount.
6. According to Mr.M.Ram Mohan Reddy, learned Standing Counsel appearing for respondent No.3, respondent No.5 failed to pay the said amount of Rs.8,50,000/-. The petitioner stood as second highest bidder by quoting an amount of Rs.8,40,000/-. Therefore, respondent No.3 is ready to negotiate with the petitioner and award the said contract.
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7. Learned counsel for the petitioner, on instructions, would submit that the petitioner is ready to pay the said amount of Rs.8,40,000/- and ready to execute the contract on entering into an agreement between the petitioner and respondent No.3.
8. In the light of the said submissions, this Writ Petition is disposed of directing the petitioner to pay an amount of Rs.8,40,000/- (Rupees eight lakhs and forty thousand only) quoted by it towards bid amount within one week from today. On such deposit, respondent No.3 shall enter into an agreement with the petitioner on the terms and conditions specifically mentioned therein and also mentioning the date of entrustment of work to the petitioner herein. Thereafter, the petitioner shall proceed with the execution of the said contract, strictly in accordance with the terms of the agreement. However, it is made clear that if the petitioner fails to pay the aforesaid amount within aforesaid time, liberty is granted to respondent No.3 to take steps, in accordance with law. 4 In the circumstances of the case, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J November 06, 2024 ynk