Telangana High Court
M/S. Omega Elevators, vs The State Of Telangana on 10 August, 2020
Author: A.Abhishek Reddy
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION Nos.11837 & 12345 of 2020
COMMON ORDER:
Heard both the learned counsel for the parties. As the parties to both these writ petitions are common and the subject matter is also one and the same, both these writ petitions are disposed of at the admission stage with the consent of both the learned counsel for the parties.
These two writ petitions are filed by the petitioner- company seeking to declare the E-tender notices/detailed notices inviting tenders at annexure A, issued by respondent No.2, as illegal. The petitioner- company is aggrieved by removal of its name from the list of permitted bidders/brands, who were allowed to bid and participate in the tender process in pursuance of the notices issued vide Reference Nos. NIT No.10/SE/R&B/Elec/2020-2021, and NIT No.11/SE/R&B/Elec/2020-2021, dated 18-07-2020, for replacement of old, conventional and outlived lifts with new supply, installation, testing and commissioning of 13 passengers monospace (gearless without machine room) elevator (2nd lift) in MS Blocks I and II of old MLA quarters (on buy back) at Hyderguda, Hyderabad (3rd call). The petitioner- company seeks a consequential direction to the respondents to incorporate its name as eligible bidder to offer bid in pursuance of the aforesaid tender notices. The petitioner has also assailed the restriction imposed in the tender document restricting the tender to a few brands i.e., Kone, OTIS, Johnson, Schindler.
The learned Government Pleader for Roads and Buildings, on instructions, has stated that the respondents are willing to permit the petitioner- company to participate in the tender process for installation of the lift without insisting that only those brand of lifts, 2 WP Nos.11711 & 12345 of 2020 AAR, J which are mentioned in the tender notices, are only eligible to participate in the said tender process.
In view of the above submissions made by the learned Government Pleader, the Writ Petition is disposed of with the direction to the respondents to permit the petitioner to participate in the tender process in pursuance of the impugned tender notices, without insisting that the lift made by only Kone, OTIS, Johnson, Schindler brand of companies as mentioned therein, will be considered for installation. It is made clear that the official respondents shall independently evaluate the technical as well as the financial bid of the petitioner-company without insisting that only Kone, OTIS, Johnson, Schindler brand of companies will be considered.
This Court, time and again, held that the Government officials, while issuing tender notification, should not insist that a particular brand/s or company/s alone are eligible for participating in the public tender, but for the reasons best known to them, the respondents have not adhered to the same. Hopefully, in future, while calling for the tenders again, the respondents will keep in mind the orders passed by this Court as well as the Hon'ble Supreme Court in respect of public tenders.
Subject to the above observations and direction, both these Writ Petitions are disposed of.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date : 10.08.2020.
Note:
CC in two days.
B/o 3 WP Nos.11711 & 12345 of 2020 AAR, J lur/smr