High Court · 2025
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Petition under l\rticle 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 vrnt order or a direction, more particularly one in nature of Writ of Mandamus directing the Respondgnts and more particularly Re$pondents No.5 to 7 to be directed tc follow due process of law by calling for terder nolification and allow all the qualified licensed electrical contractors to be allOwed to participate in the tender process and after the bids are opened, the tender to be awarded to the sucr;essful bidder and the respondents cannot unilaterally select their close ones as participants in the fenfler process wh ich is against the principles of natural justice and also against the Article 14,21 of Constitution of lndia and also declaring the highhanded action of the respondent:i in unilaterally selecting the bidder without calling for tender notification as arbitrary, unjust and violative of Article 14, ?-1 of the Constitution of lndia and against the principles of natural justice. lA NO: 1 OF 202s Petition under Section t51 CPC praying that in the circumstances gtated in the affidavit filed in support of the petition, the High Court may be pleased to direcf the Respondents ancl rlore particularly Respondents No. 5 tq 7 to be directed to follow due process of law by calling for tender notification and allow all the qualified licensed electrical contractors to be allowed to participate in the tender process and after the bids are opened, the tender to be awar{ed to the successful bidder and the respordents cannot unilaterally select their close clues ag participants in the tender process which is against the principles of natur.al justice and also against the Article 14,21 of Constitution of ln{ia, pending disposal afar writ petition in the interesl of equity of justice. Counsel for the Petitioners: SRI V.MANOJ FOR M/s. OM LAW F|RM Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 TO 7: SRI N.SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.6958 OF 2025 ORDER: With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage itself.
2. This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: ".--to issue a wit, order or direction, more partia)Larlg one in nature of Wit oJ Mandamus directing the Respondents and more particularlg Respondenls No.S to 7 to be directed to Jollol, due process oJ ktto bg callittg for tender not lication and allow all the quaLtfied licensed electical contracLors to be allotued to patticipate in the te^der process and after tle bids are opened, the tender to be a u.nrded to the successful bidder and lhe respondenls cannol unildterallA select their close ones as participants in the tender process uth[clt is ogainst the pinciples ol ratural justice dncl also against the Artlcle la, 21 oJ Constitutioa of India and also declartng the highhanded action of the respondents in unilateratlg selecting the bidder Luithout calling for tender notification o-s arbitrary, uniust and uiolatiue of Adicle 14, 21 of the Canstifr,ttion of Indiq and against the pnnciples of natural iustice po.ss... "
3. Heard Sri V.Manoj, learned counsel for the petitioners; learned Government Pleader for Energr for respondent No.1; and Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited, for respondent Nos.2 to 7.
4. Learned counsel for the petitioners submits that the petitioners are the licensed electrical contractor hrms engaged in the work of erection of electrical poles and maintenance of electrical lines from many years and they also participated in the tender process of various electrical works beionging to the 2 PK,J wp 6958 2025 1 respondents department. However, from the pasl. fi:w years, instead ol follov,,ing the tender process procedure (i.e., issuing a tender notificrrtirn by giving equal opportunier to parti<.ipate and selecting successful bidders), the respbndents havr: started se.lecting three licensed electrical contractors, q,ho art close to them, and chocsing one among them as the successf..rl bidder, thereby aw,arding the tender and contract. There,fore, the petitioners have made a representation to respondent No.6 on 2O.O1.2O25 re.dressing their grievance and the same is pending consideration. [Jence, learned counsel prays this Court tq direct respondenl Nc.(l to consider the representation, dated 20.O7.2025, submitted by thr petitioners and pass appropriate orders. within a stipulated periorl of time.
5. Learned Standing Counsel for respondent Nos.2 to i' submits that responderll Nos.2 to 7 have adopted two methods for work allocation viz. Limited Competitive Building on nomination basis and Open Ten,ler Process by giving press notificaticn. The Divisional Engin,:er is empowered to award the rvorks upto the value ol Rs.r5t),00O/- and the Superintending Eng.ineer is empowered to ar,i,ard the works upto the value of Rs.1,110,000/_ and all thc conlracts/works upto the value of Rs.SO,OOO /- would be by way of lirnited competitive bidding on nomination bersis only. , 3 PK.J Wp-6958 2025 However, since the representation, dated 20.Ol.2O2S, submitted by the petitioners 1S pending consideration, respondent No.6 will consider the same and pass appropriate orders, in accordance with 7il
6. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ petition is disposed of directing respondent No.6 to pass appropriate orders on the representation, dated 2O.O:.2O2S, submitted by the petitioners, strictly in accordance with raw, as expeditiously as possible, preferably within a period of four. (4) weeks from lhe date of receipt of a copy of this order and communicate a copy thereof to the petitioners. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-P. PADMANABHA REODY DEPUTY REGISTRAR SECTION OFFICER To 1 2 3 4 The Principal Secretarv Energy Department Sebretariat Hyderabad, Telangana State, Stat6 of Teiahqana. Chairman and Manaoino Directo"r Ulr4 Q9mp9_u1d, Southern power Distribution Compan! oiTetansana Lii"itA,"GGSbb"cU rivouiiirra, Telangana State. The Chief General Manager, Southern Power Distribution Cor4ppny of Telangana Limited (TGSPDCL) Sth Floor, Mint Com-pound, Htd;;i,il, Telangana State. The Chief General .Manager Operation Rural Zone TGSpDCL. 1Oth Floor Gaganvihar Cbmp lex, Opp. Gandhi Bfavsn, [rlampqly, HyderibSO fehniana State. n:,:"tofs:# Lfr?t,,:"er, t 6. The DivisionaiFnoineer, Electrical Operation TGSppCL, Nagqrksrnool --" -- 7. The Aslistant-Divisional Engineer,_ Electrical Operation TeSpDCL, ^ Nag-Ik-urnool District, teian-gana State. I 9nu CC to M/s OM LAW rtRUi, eAvoiate IOPUCT e lwo CCs to GP FOR ENERGY, High eourt for thej State of Telanganq, at 19 QN" CC tO SRI N SREEDHAR REDDY, SC FOR TGSPQPL IORUC] 'l l. Two CD Copies E tectrica I operation rG s p Dc L, Nagarku rnoot District, Telangani Siate.- Hyderabad lOUTl -- :" PSK. BSg HIGH COURT DATED:0710412025 ORDER WP.No.6958 of 2025 s nE SIa '6 1o( !> -) !, c/ 15 APB 21m z a h () t SPATC B DISPOSING OF THE WRIT PETITION WITHOUT COSTS "t [v)'o' ,$