High Court · 2025

Judgment

1. 2 J 4 The Telangana Civil Supplies Corporation Ltd , (TSCSCL),. Rep by its Chairman ind Managini; Director, 5-3-655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad. The Additional Collector and EOED, (TSCSCL), lvlahboobnagar District at Mahboobnagar. The District Manager, (TSCSCL), Mahboobnagar District at [Vlahboobnagar The State of Telangana, Rep by its Chief Secretary tlr-Government, Central Secretariat, Khairtaibad. Hyderdnad, Telangana 500063 R4 is impleaded as per C.O. dt. 03.5.2024 in l.A. No. 5/2024 ...RESPONDENTS

Petition under Article 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 more particularly one in the nature of Mandamus declaring the action of the respondents not accepting petitioners bid in pursuant to the Tender Notice No.PDS/Stage - ll Tenders/2023-25, dated -01- 2024 by issuing fresh tender notification No.PDS/Stage-ll Tendersl2023-25, dated 24-01-2024 as arbitrary, illegal and contrary to the principles of natural justice fair play in the matters of awarding work by issuing tenders and consequently set a side the Tender notice No.PDS/Stage-ll Tenders/2023-25, dated 24-01-2024 is illegal, arbitrary, issued by the 2nd respondent as illegal, unjust, arbitrary, discrrminatory, vitiated by malafides suffers from lack of iurisdiction and liable to be set aside the same direct the respondents to appoint the petitioner as Stage ll contractor as per the said tender Notification No PDS/Stage-ll Tenders/2023-25' dated -01-2024 to supply MDM Rice' Pulses' Food Grains under State - ll from TVILS points/Buffer Godowns to Fp shops/Direct School Points and Anganwadi Centres and different Places' Schools' etc situated in drfferent Mandal attached to MLS Points ftom 1-10-2023 to 30-09-2025 as stage ll contractor' lA NO: 1 oF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to grantStayofallfurtherproceedingsincludingfinalizationoftendernotification N o PDS/Stage-l I Tenders/2023-25' dated 24 -O1 -2024' lA NO: 3 oF 2024 '"T":H,l;'3ltXt'nn?l:r:H3oJi3Lfl or"5l."Jr,Tl^,8,3f S,?iJi'ff B':li'; Somajiguda' HYderabad'

2. The Additional Collector and EOED' (TSCSCL)' Mahboobnagar District at J The District Manager, (TSCSCL)' Mahboobnagar District at Mahboobnagar Mahboobnagar .,.PETITIONERS/RESPONDENTS AND Bacha Naqesh. S/o.B Ramulu' Aged about 39 ye9l9' Occ Transporter' R/o H No 3- 1 02, Katrev. WC nreguoeri:tftliipd oi Vaoadri-Bhongir District "lti';naai ...RESPONDENTS/PETITIONER petition under section 15.1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to vacate the interim order dated 01-02-2024 passed in IA No I ot 2024 in W P' No. 2716 oI 2024 as extended from time to time' Counsel for the Petitioner : SRI SOMAVARAPU SATYANARAYANA counsel for the Respond;ilii;';i;t' snt r-p-n-cHaRYA' Sc FoR rscsc soMAVARAPU SATYANARYANA counset for the Respond;i; ii;:;-' The Court made the following: ORDER 'Rl t) I' THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO. 2716 OF 2024 ORDER In this writ petition, the petitioner is challenging the action of the respondents in not accepting the petitioner's bid pursuant to the Tender Notice No.PDSiStage-II Tenders/2023-25, dated 0l-2024 by issuing fresh tender notification No.PDS/Stage-ll Tendels/2023-25 dated

24.01.2024 as illegal, arbitrary and contrary to the principles of natural justice and to consequently set aside the satne and direct the respondents to appoint the petitioner as Stage-[I contractor as-per the said tender Notification No.PDS/Stage-ll Tenders/2023-25 dated 0l-2024 aod to pass such other order or orders in the interest ofjustice.

2. Brief facts leading to the filing oi the present writ petition are that the respondent cotporation has called tbr e-tenders for transportation of MDM Rice, Pulses and Food Grains under Stage-II for Mahabubnagar District of the Telangana State {'rom MLS Points/Buffer Godowns to FP Shops,Direct School Points and Anganwadi Centres and different places, schools, etc., in different Mandals for the year 2023- 2025 vide E-Tender notification No.PDS/Stage-II Tenders/2023-25, 2 dated January', 2024. -the petitioner submitted the bid documents within the prescribed time and he has also submitted hard copies as required under the notiflcation. Out of four bidders, three bidders were found to have submitted invalid technical bids and only the petitioner was found to be qualified bidder and therefore,, according to the petitioner, he should lrave been appointed as the Stage-II contractor, instead, the respondent No.2 opened the financial bid of the petitioner and held that the petitioner is disqualified in the financial bid and thererore, they have issued a tiesh second notification dated, 24.01-2024. Chaltenging the saure, the preserlt writ petition has been filed.

3. This Court, vide orders dated, 01.02.2024, has granted an intcrim sld,v- ol the notification dated 24.01.2024 and the said interim orrier has hcen extended lrom time to time.

4. Leamed Standing Counsel appearing for the respondents has tlled a counter affidavit along with a yacate stay petition i.e., I.A.No.3 ol' 2024 and srared rhat in the financial bid filed by rhe petitioner, he quoted a liaction rate and therefore, he has been disqualified in the financial bicl and since all the four bidders r.r,ere found to be disqualified, a lresh notification has been issued on 24.01 .2024 -t

5. Leamed Standing Counsel has also drawn the attention of this court to the condition No.l0 0r tl.re tender notification to sub,it tha[ "1he tenderers should quote their rate in Flat rate only i.e., per quintal, irrespective of distance and the rates should not be quoted in fraction of a paise". He has enclosed with the counter, the copy of the financial bid of the petitioner, where he has quoted the rate at Rs. 16.g5 and therefore, according to hirn, he is disqualifiecl from considcration. 6 Learned counsel fbr the petitioner. the other hand, submitted that the quotation of the petitioner is nor a disqualification, as he has only quoted a fraction of a rupee and not or-paise. Further, he submitted that in a similar matter, the Corporation has agreed to the quotation of the tendere r af Rs.22.29 and has entered into an agreement lor lhe transpofiation of essential commodities in Medchal_Malkajgiri District. A copy of the said agreement is also filed befbre this Court.

7. Learned Standing counsel, however, submitted that the period of the contract is only upto 30.09.2025 and, therefbre, the petitioner would not be benefited in any way even if the writ petition were to be allowed and therefore, he prayed that the writ petition may be closed -! $ith [ibcrt]. to the petitioner to paflicipate in the: second tencier 4 notiflcation 8 llaving regard to the rival contentions and the nlaterial on record, this Courr llnds that finalization of the second tender notiflcarion has been Stayccl by this Court. ln the first tender, the three bidders have been tbund disqualilied in the technical bid and the petitionel has been held to be disqualificd in the financial bid since l.re has quotcd the f raction rate. This Court finds that the quoting of Rs. 16.95 is not a quotation of a fi action of a paise and therefore, the said Condition No. l0 would not gct attracted in this case. Therefore, the petitioner has to be declarcd as a successlut bidder and the contract has to be awardcd to hirn. Since the period of contract is ending on 30.09.2025 and the petitioner has submitted that he has [<ept the vehicles ready tbr execution ol the contracr und therefore has incurred huge losses, tl-ris Court deerns it fit and llroper to direct the respondents to award the contract to the petitionel even tbl the balance of the period and also compensate him suitably for the period of [oss or else award the contl'act for a period of two years tror-n the date of receipt of a copy of this order

9. Accordingty, the Writ Petition is allowed. No order as to costs

10. Perrdirrs .risccllancous petitions, if any, in ttiis Writ petirion including [.A.No. I o1']01:t, shallsrand closed. //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR G. SECTION OFFICER To, 1 . The chairman and [/lanaqinq Drrector, Telangana civil Supplies corporation. Ltd, iTSCSCL) 5-3'655/l/A: Civil Supplies Bhavan, Somaiiguda, Hvderabad

2. The Additional Colleclor and EOED, (TSCSCL)' Mahboobnagar District at lvlahboobnagar.

3. The District [Vlanager, (TSCSCL), tvlahboobnagar District at Mahboobnagar' 4. The Chief Secretary to Government, Central Secretariat, Khairtabad, Hyderabad,state of Telangana, Telangana 500063. - -

5. One CC to SRI SOIvIAVARAPU SATYANARAYANA, Advocate [OPUC] 6. One CC to SRI T.P ACHARYA, SC for Telangana State Civil Supplies Corporation. IOPUC]

7. Two CD Copies. BSK BS RP HIGH COURT DATED:1 110912025 \ \ i I /-::: _ _:-:-- ,': - \.\t:, i.-r, ''.\ ' -- .-- \. 2O SEP 20ffi i ,lj .+ .7 "l ,/ ,)/ * D.-." ORDER WP.No.2716 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS Y 1A C\