Heard Mr v. Murali Manohar'

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 or order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of the official Respondents in proclaiming/threatening to disqualify the Petitionei due to the lis in WP No. 1214 of 2024 (handing of coal as per service order No. 7500052434, dt.24lO7l2O23 ) as illegal, arbitrary and against the provisions of Article 14 and 19 of the constitution of lndia and consequentially direct the Respondent No- 1 to process, consider and finalise the Tender dt. 2710312024 submifted by the Petitioner in response to Notice lnviting Tenders (NlT) Enquiry No. EKG2300238d1. 1610212024, Tender lD 504530 for hiring of 5 Nos of 15T capacity Tippers for rehandling of coal at Kistram OC, JVR OC and RCHP Kothagudem area for a period 2 years as per technical specifications Terms and conditions of the Tender document without disqualifying the Petitioner due to the lis in WP No. 1214 of 2024 i.e., ( WP filed by the Petitioner to declare the action of the Respondent No.1 in instructing the Petitioner to deploy the tippers for the work other than what is stated in service order No. 7500052434, dt. 2410712023 i.e., hiring of 8 numbers tippers for rehandling of Coal at CHT and Coal Yard of JVR OCP, KGM (A) 2000 KMS / month, 24 Hours availability for a period of 3 years and withholding the payment of the Bills submitted by the Petitioner for the work don.e by the Petitioners) and lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.'l to process, consider and finalise the Tender dL.2710312024 submitted by the Petitioner'in response to Notice lnviting Tenders (NlT) Enquiry No. EKG230023Bdt. 1610212024, Tender lD 504530 for hiring of 5 Nos of 157 capacity Tippers for rehandling of coal at Kistram- OC, JVR OC and RCHP Kothagudem arca fot a period 2 years as per technical specifications Terms and conditions of the Tender document without disqualifying the Petitioner due'to the lis in WP No. 1214 of ,1024 (handing of coal as per service order No. 7500052434, dt.2410712023 ) pending disposal of the W.P. lA NO: 2 OF 2024 Between:

1. The Singareni Collieries Company Limited, (A Govemment Company) PO Venkateshkhani, Bhadradri Kothagudem District, Telangana - 507101. Represented by its General Manager

2. State of Telangana, Represented by its Principal Secretary, Department of Mines, Secretarrat, Hyderabad AND The Repelli Ralanna, Rapelli Rahanna, S/o. Narsaiah, O/o.24-33, Angadi Bazar, Mandamarrr, Mancherial, TS - 504231. ... PETITION ERS/RESPONDENTS Petition under Section 151 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 daled 1510412024 passed in lA.No.1 of 2024 in the WP.No. 9671 of 2024 and dismiss the Writ Petition as devoid of merits ...RESPONDENTS Counsel for the Petitioner: SRl. V MURALI MANOHAR Counsel forthe Respondent No.1: SRI P SRI HARSHA REDDY (SC FOR SINGARENT COLLIERIES CO LTD) Counsel for the Respondent No.2: GP FOR MINES AND GEOLOGY The Court made the following: ORDER .sl&l$e; HON'BLE MRS. JUSTICE SUREPALLI NANDA 7 2 24 ORDER: Heardsriv.MuraliManohar,learnedcounselappearing on behalf of the Petit'oner, Sri P' Sri Harsha Reddy' learned standing counsel for singareni collieries, appearing on behalf of respondent No'1' and learned Government Pleader for Mines and Geology, appearing on behalf of respondent No.2.

2. The e n I under: t c ra er "...to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of the official Respondents in proclaiming /threatening to disqualify the Petitioner due to the lis in W.p-f,fo.f Zf+ of 2024 (handing of coal as per service order trro.ziooosz+34, dated 24'07'2023 ) as illegal' arbitrarv and against the provisions of Article 14 and 19 of the ionto:iJion of India and consequentially direct the nesponOent No.1 to process' consider and finalise the f"nO". dated 27'03'2024 submitted by the Petitioner in response to Notice Inviting Tenders (NIT) Enquiry r,ro.'rrcz:oo23B, dated 16'02'2024' Tender ID 504530 for ni.ing of 5 Nos of 15T capacity Tippers for rehandling of .oar it Kistram OC, IVR oC and RCHP Kothagudem area ioi a p"rioo 2 years as per technical specifications Terms unO conditions of the Tender document without Jisqualifying the Petitioner due to the lis in W'P'No'1214 of 2O;4 i.e., (WP fited by the Petitioner to declare the action of the A.eiponaent No'7 in instructing the Petitioner to deptoy the tippers for the work other than what is stated in se*iie order No.7500052434, dated 24'07'2023 i'e'' :{' i:' 2 hiring of B lumbers tippers for rehandling of Coal at CHT and Coal Yard of JVR OCP, KGM (A) 2000 KMS / month, 24 Hours availability for a period of 3 years and withholding the paymena of the Bills submitted by the Petitioner for the work done by the Petitioners) and pass..."

3. The case of the petitioner, in brief, is that the petitioner is involved in the transportation of coal for Singareni Collieries Company Limited - respondent No.1, and had successfully executed several contracts, receiving performance and satisfactory certificates from respondent No.1. On 24.07.2023, the petitioner was awarded a contract for deploying 8 tippers for rehandling coal at JVR OCP for three years, with a total value of Rs.7,24,32,000. However, respondent No.1 diverted the said tippers for other projects, causing operational issues and non-payment of dues to the petitioner. Despite several representations made by the petitioner, including letters dated 01.L2.2023, t3.12.2023, L4.L2.2023, and 15.12.2023, the respondent No.1 unilaterally altered the terms of the contract, reduced the project duration, and threatened penalties. Aggrieved by the same, the petitioner filed W.P.No.1214 of 2024 challenging the actions of respondent No.1 in instructing the petitioner to deploy the tippers from work and this Court, vide its order dated 30.01.2024, granted interim stay, but respondent No.1 failed to comply with the same. ) Moreover, Respondent No'1 issued a new tender (NIT EKG2300238' dated16.02.2024),whichthreatenstodisqualifythepetitionerdue to the ongoing legal matter' Aggrieved by the same' the petitioner filed the Present Writ Petition' rs Court v e_its t v t o 2 24 oass d ne ln A 1 2 24 f 24 u 4 tn n w P. "Heard Mr. V. Murali Manohar' learned counsel appearing onbehalfofthepetitionerandMr.HarshaReddy,learned counsel appearing on behalf of the 1't respondent' The petitioner approached the Court seeking interim relief as under: ,....todirecttheRespondentNo.ltoprocess,considerand finalise the Tender daled 27'03'20'24 submitted by the Petitioner' in response to Notice Inviting Tenders (NIT) Enquiry No.EKG23O0238 dated L6'02'2024' Tender ID 504530 for hiring of 5 Nos of 15T capacity Tippers for rehandling of coal at Kistram OC' JVR OC and RCHP Kothagudem area for a period 2 years as per technical specifications Terms and conditions of the Tender document without disqualifying the Petitioner due to the /ts inWPNo.L2L4of2024(handingofcoalaSperservice order No.750 0052434, dated 24'O7 '2023) pending disposal of the W.P. and Pass"'" -*-"d 4 r.) Perused the record. It is the specific case of the petitioner that the petitioner on an earlie- occasion approached the Court by filing W.P.No.12 14 of 2024 seeking a direction against the respondents herein to utilize the hiring of vehicles for the description of work allotted as per the service order No.7500052434 dated 24.07.2023 and the said relief was granted in favour of the petitioner vide order of the Court dated 30.01.2024 in I.A.No.1 of 2024 in W.P.No.1214 of

2024. It is further the case of the petitioner that the respondents may not consider and finalise the tender dated 27.03.2024 submitted by the petitioner in response to Notice Inviting Tenders (NIT) Enquiry No.EKG23O023B dated 16.02.2024, on the ground of pendency of W.P.No.12t4 of 2024 and due to the /is in W.P.No.l2l4 of 2024. Mr.Harsha Reddy, learned counsel appearing on behalf of the 1't respondent submits that the petitioner approached the Court only under apprehension and the writ petition itself is pre rna tu re. Taking into consideration the said submission made by the learned counsel appearing on behalf of the 1't respondent, the 1't respondent is directed to process, consider and finalise the Tender dated 27.03.2024 submitted by the Petitioner in response to Notice Inviting Tenders (NIT) Enquiry No.EKG23O023B dated 16.O2.2024, Tender ID 5 504530 for hiring of 5 Nos of 15T capacity Tippers for rehandling of coal at Kistram OC' IVR OC and RCHP Kothagudem area for a period 2 years as per technical specifications Terms and conditions of the Tender document without disqualifying the Petitioner due to the /,s inWPNo.1214of2024(handingofcoalasperservice order No.750 0052434, dated 24'O7 '2023) pending disposal of the writ Petition."

5. Learned counsel appearing on behalf of the petitioner submits that the pendency of W'P'No'1214 of 2OZ4 on the file of thls Court cannot deny the petitioner's entitlement for the relief as prayed for in the Present Writ Petition' S.LearnedStandingCounselforSingareniCollieries'appearlng on behalf of respondent No'1' submits that the present W.P.No.9671 of 2024 could be disposed of in terms of the interim order of this Court dated 75'04'2024' I I

7. Bringing the said submissions on record' this Writ Petition is disposed of, in terms of the interim order of this Courtdated:.:i.o4.2o24andtherespondentsaredirectedto process, consider and finalise the Tender dated 27'O3'2O24 submitted by the petitioner in response to Notice Inviting Tenders (NIT) Enquiry No'EKG23OO238' dated 15'O2'2024' 1 6 Or Tender ID 504530 for hiring of S Nos of 15T capacaty Tippers for rehandling of coat at Kistram OC, JVR OC and RCHP Kothagudem area for a period 2 years as per technical specifications Terms and conditions of the Tender document without disquarifying the petitioner due to the tis in W-P,No,1214 of 2024 (handing of coal as per service order No.75OOO52434, dated Z4.O7.2OZg), within a period of four (4) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPY// SD/.K. SREE RAMA DEPUTY RE MI'RTHY GISTRAR SECTIoN\FFICER To,

1. The General Manager, Singareni Collieries Company Limited, (A-Govemment Company) PO Venkateshkhani, Bhadradri Kothagudem District , Telangana - 507101 .

2. The Principal Secretary, Department of Mines, Secretariat, Hyderabad. 3. One CC to SRl. V MURALI MANOHAR Advocate [OPUC] 4. One CC{o SRl. P SRI HARSHA REDDY (SC FOR SINGARENI COLLIERIES co LTD) [OPUCI

5. Two CCs to GP for Mines and Geology, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies KKS BS HIGH COURT DATED:0710312025 CC TODAY e STA i-e o 1i [Pq ?[?1 \ -,. '.. I ". ,-- ,,,4i ..'rc'.}-'l :'.r' -a. \- I .) ..i , . /)' l'. ORDER WP.No.9671 ot 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS