High Court · 2025

The State of Telangana, Rep by its Principal Secretary Food and Civil Supplies, Secretariat Buildings, Hyderabad. The Telangana State Civil Supplies Corporation Limited., rep. by its Vice Chairman and Mangging Director Regd. Office 6-3-655/1iA, Block-B, Civil Supplies Bhavan, Somajigudq, Hyderabad, Telangana-500082 The Addl Collector and fO ED, The Telangana State Civil Supplies Corpgralion Limited, KhEmmam, Khamrnari District. The District l,{anager, Ttle Telangana State Civil Supplies Corporation Limited. Khammam, Khammam Districl. R.R. Logistics, rep, by R,R. Srinlyas, Occ. Business, Rio 3-6-76/'1, Pumpingwell Boad' Khammam-507003 ...RES'.NDENTS Petition under Arliqle l!6 qf the Constitutign of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ pt Mandamus or any other appropriate Writ, declaring the action of respondent No.3 and 4 in propoging to accept the Teehnical bid and financial bid belong lo the respondgnt No 6 iprespect of the Kallur MLS Point for Transportation of Food Grains aftgr rejection of his technical bid and also in dodging to accept the petitioner's e{ende!'Ref.No.Movt.5(1)Stage-1 112023-25, d1.22-O1-2024, as Ll iniespect of (alluru MLS Point fpr Transportation of Food Grains as illegal, arbitrary, against Article 14, 19 (1Xg) of Constitution of lndia and consequently direct lhe rqspondent No.2 to 4 to confirm the Petitioner's e- tender Ref.Ng.Movt.5(1)S!age;1111Q23-21, dt.22- 01-?024, as L1 inrespect of Kalluru MLS Foint for Transpqrtatio-n of Foed Grains ,1'*54" -F ,"t'f lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circum ;tances stated in the affidavit frlecl in support of the petition, the High Court may be pleased to the tenders inrespect of e-tender stay the finalis.ttion of Ref.No.Movt.5(1)Stag;e-11120?3-25, dt.22-O1-2024, of Kalluru l/LS Point for Transportation of For,d Grains pen(ing disposal of writ petition Counsel for the Petitioner: SBI K. JAGADISHWAR REDDY Counsel for Respgntlent No. 1: GP FQR CIVIL SUPPLIES Counsel fo( Respondent No. 2 to 4: SRI CHALAKANI VENKAT YADAV Counsel for Respondent No 5: SRI K, VENKATA RAMAIAH The Court made the 'ollowing: ORDER a THE HONOURABLE SMT JUSTICE T.MADTIAVI DEVI ORDER: W.P.NO. 5151 0F 2024 In this writ petition, the petitioner is seeking a writ of mandamus declaring the action of the respondents No.3 and 4 in proposing to accept the technical and financial bids of respondent No.S in respect to the Kallur MLS point for transportation of food grains, after rejection of his technical bid and also in dodging to accept the petitioner's e-tender reference No. Movt. 5( l)Stage-Ll I 2023-25, dated 22.O 1.2024 as L1, is illegal, arbitrary and unconstitutionai and consequently to direct the respondents No.2 to 4 to confirm the petitioner's e-tender dated 22.01.2024 as Ll and to pass such other order or orders in the interest ofjustice.

2. Brief facts leading to the fiiing of the present writ petition are that the respondent No.2 has issued e-tender for Transport Contractors for transportation of Essential Commodities, MDM (Mid-Day Meal) Rice and ICDS (Integrated Child Development Services) Rice in respect of Kallur MLS point. The petitioner as well as the respondent No.5 have participated in the said tender and the petitioner's 2 e tender wils accepted and confirmed by e_mai1 and technical bid of respondent No.S was held to be invalid arrd the finalciai bicl of the writ petitioner was opened. Hov.ever, the respondent \1o.5 has made a representation about flre reason for his dis,lualification i.e., that he has shown or re of the vehicles be longing to one of the HamaIi for transportation, but that it is not a disqualification and therefore. t e shouid not have been disqualified. Taking the sarne into consideratior-r, the financial bid of the respondent IJo.5 also was opene C and both the bids were consider:d after negotiations, the bid of the respondent No.5 has been accepted arLrl the respondent No.5 was held as Ll bidder. ChaJlenging the same, the present writ petition t as been fi1ed.

3. J,,:arned counsel for the petitioner has r, :iterated the above submissions. While the respondent Cor coration has hled a ,lounter alfidavit stating that only trvr tender applications ."vere received by the responclent author ities for MLS point i.e., from the petitioner and respondent I\o.5 and that.on 31.O1.2024, the technica_l tenders were openel and it was found tlLat the writ petitioner is technicalll, q ralified, 3 while M/s.R.R.Logistics i.e., the respondent No.5 was disqualifred due to furnishing Hamali vehicles for hired vehicles and that the same was announced by the District Tender Committee and further proceeded to open the frnancial bid of the petitioner and negotiations were conducted with the writ petitioner and the proposals were sent to the Head Ofhce accordingly. It is submitted that while the proposals were pending with the Head Officer, the respondent No.5 submitted a representation stating that use of Hamaii vehicles is not mentioned as prohibited anywhere in the tender terms and conditions and requested to examine the conditions for disquali$,ing tenders as per the rules and reguiations and it was also submitted that the same vehicles were approved in tenders for the Financial Year 2O2I-2O23 and were used in PDS distribution by the existing contractor tiii date. In view thereof, the District Tender Committee once again called both the tenderers and verifred the terms and conditions and after discussion with them and with their consent, it was decided to accept both the technical bids and proceeded to open the financial bid of respondent No.S and found that the respondent No.S stood as L1 bidder and the I i I I i, I I 4 District Te:rder Committee has decided to send the proposals accordinglr

4. [-earned counsel for the respondent Nc . 5 hled a counter aff rlavit stating that there was no clisqualif Lcation in offering the vehicle owned by Hamaii and therefort,, he was qualified ir both his technical ar.rd frnancial bids and this Court had initially granted interim orcler dated 2i .O2.2O24 not to finalize the tender and the same has been extended from time to time.

5. l,earned counsel for respective parttes have advanced tlte arguments and after hearing all the parties, this Court Ends that the tender condition whlch l ras been relied upon ity the learned counsel for the petitione - to hold that the te<:hnical bid of respondent No.S is disqu rlified is Clause No. 13 rvhich reads thus: The eisting Stage-l Contractors/ padd-g Contrac\trs/ F.P.Shop Dealers/ Hamoli Associat.ons or their l?epresentatiues or Assocla tes are prohil:ited. from pailicipating in tenders.

6. A,lmittedly, the respondent No.5 is .rot the Hamali assr,<:iation and one of the vehicles hired bv the : l : l t 5 respondent No.5 appears to be owned by a Hamali. Therefore, this Court is also satished that the said tender condition does not disqualifu the respondent No.5 from participating in the tenders. The respondent No.5 has been found to be the L1 bidder upon consideration of both his technica,l as well as financial bids and therefore, this Court does not find any reason to interfere with the decision of the District Tender Committee. 7 . Accordingly, this writ petition is dismissed and the respondent Corporation may proceed with the execution of the agreement with respondent No.5. There shall be no order as to costs.

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. SD/.N. RAJAGOPAL DEPUTY REGISTRAR //TRUE COPY// SEC ,k" To. '"'1. Th" Principal Secretary Food and Civil Supplies' State of Telangana Secretariai Buildings, Hyderabad' rvr"n'aiind-pi'""to', Telang-ana State Civil S-upplies Corooration t-imiteO., HJg"i"bfi""G-S-OSS/1/ABlock-8, Civil Supplies EX;G,i' 5;;;i,g udi, Hvie"uad, relansana-500082

2. The Chairmrn

3. The Addl. collector r*i ro Eb,iLt ietinsalg,qtate Civil Supplies " i"ipdrJti", li.lt"o, khammam, Khammam 4 rhe District [,ranrser,]fi"'t;il#;;' Si;G civil supplies corporation Limited. Khammam, Khammam Dlstrlct' 5. il;'bt io Siir Lasuiiiihwar Reddv Advocate.[oPUC] ; i;; dcs to op roicitir Sippties ,tltigh court firr the State of Jelangana -District' "no FFICER to.'Ja to Sri Chalakani venKat Yadav, Adveca-te-(oPUC) 6i; dd i;5;iK. G;i;ta Ramaiah, Advocate (oPuc) Two CD Copies

7. 8. 9 MBC BS v i \ I HIGH COURT DATED: (1210512025 ,1 ., .i /- !: .s \ qi\' $' I \ 'r 1,, 'l + ir'l ORDER WP.No.S1li1 of zQZl DISPOSING OF THE WRIT PETITION WITHOI.,,IT COSTS