Andhra Pradesh High Court - Amravati
Unknown vs This Writ Petition Is Filed Under ... on 29 March, 2022
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 8027 of 2022
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking to issue a writ of mandamus declaring the action of the 3 rd respondent temple in finalizing the tender in favour of the 4th respondent for supply of sanitation workers to the 3rd respondent temple for the period from 28.03.2022 to 04.04.2022 as per the tender notification dated 21.03.2022, as illegal and arbitrary.
Heard learned counsel for the petitioner and learned standing counsel for the 3rd respondent temple.
Learned counsel for the petitioner submits that the 3rd respondent temple had issued a paper publication on 06.03.2022 calling for tenders for supply of sanitation workers and tractors and the petitioner participated in the tender for supply of sanitation workers; that though the petitioner was the sole tenderer for supply of sanitation workers, the 3rd respondent temple allowed one Sovamma, who was issued tender forms for supply of tractors, to participate in the tender schedule contrary to the conditions of the tender notification; that as the petitioner submitted objections on 17.03.2022, the 3rd respondent temple cancelled the tender notification dated 06.03.2022 and issued fresh tender notice dated 21.03.2022 for supply of sanitation workers for the period from 28.03.2022 to 04.04.2022; that when the petitioner approached the 3rd respondent temple authorities and requested to issue tender forms for participating in the tender, they stated that the petitioner was disqualified and the tender forms would not be issued to him; that the petitioner submitted a representation dated 24.03.2022 to the Executive Officer of 2 the 3rd respondent temple seeking to issue tender forms; and that without considering the representation of the petitioner, the temple authorities finalized the tender in favour of the 4th respondent who is the sole tenderer. Learned counsel for the petitioner contends that due to non-issue of tender forms, the petitioner could not participate in the auction, and that though the earlier auction conducted on 15.03.2022 was cancelled because the petitioner was the sole tenderer and though the 4th respondent was the sole tenderer in respect of the fresh tender notice dated 21.03.2022, the tender was finalized in favour of the 4th respondent. Hence, the writ petition.
Learned standing counsel for the 3rd respondent temple submits that the tender was already finalized and allotted to the 4th respondent. However, he submits that the 3rd respondent temple may be directed to consider and dispose of the representation of the petitioner dated 24.03.2022.
Having considered the submissions of the learned counsel for the parties and gone through the material placed before the Court, it is appropriate to direct the 3rd respondent temple to consider and dispose of the representation of the petitioner dated 24.03.2022 after providing an opportunity of hearing to the petitioner, on or before 03.04.2022 and furnish a copy of such order to the petitioner within three days from the date of passing of such order.
The Writ Petition is accordingly disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J 29th March, 2022 cbs 3 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Writ Petition No. 8027 of 2022 29th March, 2022 cbs 4