Andhra Pradesh High Court - Amravati
Bls Group Of Enterprises vs The State Of Andhra Pradesh on 6 December, 2024
APHC010553732024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
FRIDAY, THE SIXTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 28748/2024
Between:
BLS Group of Enterprises ...PETITIONER
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V R REDDY KOVVURI
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
The Court made the following:
ORDER:-
This Writ Petition is filed claiming the following relief:
"...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 3 in orally informing that, the petitioner is black listed from participating in the tender and thereby not including the name of the petitioner in the drawl of lots, in pursuance of the Tenders vide Notification No.E3/122(12)/2024- DPTO-NDL, dated 06.11.2024 issued by the respondent No.3 having received the Tender applications and that too without passing any order or providing an opportunity of hearing as arbitrary, illegal, violation of principles of Natural Justice and contrary to the well established legal principles, apart from being violative of the fundamental rights guaranteed to it 2 under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.3 to consider the tender applications submitted by the petitioner for the contracts works of providing of HSD Oil Top Up (serial No.2), providing Drivers to Regional Enforcement Squad (Serial No.4) and providing medical staff to the Nandyal RTC Dispensary (Serial No.7) in pursuance of the Tender vide Notification No. E3/122(12)/2024-DPTO-NDL, dated 06.11.2024 issued by him without referring to the Show Cause Notice, dated 21.11. 2024 and pass..."
2. The case of the petitioner herein is that the tender notification vide No.E3/122(12)/2024-DPTO/NDL, dated 06.11.2024 issued by the respondents. The petitioner herein submitted his bid in respect of works laid under Serial Nos.2, 4 and 7 of the tender notification. The further case of the petitioner is that the petitioner complied with all the tender conditions and submitted his tender application to the respondent No.3. As per the tender conditions, the tenders should be finalized on 23.11.2024. For the reasons best known to the respondents, so far these tenders dated 06.11.2024 are not opened or finalized. While so, pending finalization of the tenders, the petitioner was informed by the respondents orally that the petitioner is not eligible for the subject tender. Hence, the writ petition.
3. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
4. Learned Standing Counsel for the respondents would submit that even though as per the tender schedule, the last date for submission of the tender applications is 23.11.2024 and on the same date, the tender should be 3 opened by the respondents. But due to administrative exigencies, as per schedule, the same were not taken place. Since the petitioner submitted his tender, the same should be considered along with others as long as he satisfies the terms and conditions, as enumerated in the tender notice. So far, the tenders are not opened or finalized, the petitioner cannot presume his tender was not considered by the respondents. He further submits that there are no express proceedings against the petitioner observing that the petitioner is not eligible for the subject tender. Therefore, it is only an apprehension of the petitioner.
5. Having regard to the submissions made by the learned Standing Counsel for the respondents, this Court is of the considered opinion that the present writ petition can be disposed of, by directing the respondents to consider the tender application of the petitioner along with others, in terms of the tender notification, if petitioner is otherwise eligible as per the tender notification.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
Consequently, interlocutory applications pending if any, shall stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 06.12.2024 Pmk 4 119 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28748 of 2024 06.12.2024 Pmk