High Court · 2025

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 by declaring the action of the 3rd respondent to consider the 5th respondent herein as successful bidder in the auction held on 19-6-2024 without verifying tender terms and conditions for catering, sanitary, security services for post metric Hostels even though the sth respondent is ineligible to participate in the auction as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequentially to direct the respondents 2 to 4 to consider the petitioner as the successful bidder for catering, sanitary, security services for post metric Hostels for the year 2024-25, by considering the petitioner complaints dated 17-06-2024 and 21-06-2024. 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 respondents Nos. 2 to 4 are not to finalize the tender for catering, sanitary, security services for post metric Hostels as per tender notification held on 19-06- 2024 by considering the petitioner complaints dated 't7-06-2024 and 21-06-2024, pending disposal of the main writ petition. lA NO: 2 OF 2024 Between:

1. The State of Telangana, Rep. by its Principal Secretary, Social Welfare, (Schedule Caste Development) Department, Secretariat, Hyderabad.

2. The Commissioner, Schedule Caste Development Departmenl, Hyderabad. 3. The Chairman / Additional Collector, District Purchase Committee, Hyderabad.

4. The Deputy Director, Schedule Caste Development Department, Hyderabad. AND ...PETITIONERS/ RESPONDENTS

1. Mis Mahendhra Manpower Services, Rep. by its Proprietor Pilli Naveen Kumar, S/o Prabhu, aged about 39 years, Occ. Business, R/o H.No. 16-1 'l- 51 1 lF I 1 6, Shalivahana Nagar, Moosarambagh, Hydera'u....*=TTOTDENTS/

2. Rural lnfrastructure Development Organization, Rep. by its President Mallavarapu Banrnabas Chowdary, S/o Mallavarapu Yakulu, Aged 50 years, Occ. Social Worker, H.No.3-12-92lDE, Plot No.133, Rock Town Colony, Mansoorabad' L B Nagar' Hvderabad' t?tt"dr?Hrlg PETITIONERS 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 dismiss the writ Petition and to vacate the stay in lA.No. 01 of 2024 in WP.No. 16314 of 2024 dt.27-06-2024 as it is devoid of merits. Counsel for the Petitioner: SRI METTU SHANK,AR Counsel for the Respondent Nos.1 TO 4: GP FOR SOCIAL WELFARE Counsel for the Respondent No.S: - The Court made the following: ORDER 'rt" HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION NO.16314 Of 2024 ORDER: Heard Sri Mettu Shankar, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Social Welfare. appearing on behalf of the respondents. 2 The oetitio er aDDroached the Cou rt seekino Draver as under: "...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 3'd respondent to consider the 5th respondent herein as successful bidder in the auction held on 19.6.2024 without verifying tender terms and conditions for catering, sanitary, security services for post metric Hostels even though the 5th respondent is ineligible to participate in the auction as illegal, arbitrary, u nconstitutiona I and against the principles of natural justice and consequentially to direct the respondents 2 to 4 to consider the petitioner as the successful bidder for catering, sanitary, security services for post metric Hostels for the year 2024-25 by considering the petitioner complaints dated 17.06.2024 and 21.06.2024 and may pass such other order or orders as this Hon'ble 2 SN,J W.P.No.16314 of 2024 Court deem fit and proper in the interests of justice and equitY, " g. The case of the petitioner, in brief, is that the petitioner is the proprietor of M/s. Mahendhra Manpower Services and petitioner had participated in the tender notification bearing R.C.No.B3l854/202t dated 15.11.2021 issued by the respondent Nos.3 and 4. The respondent No.4 declared the respondent No.5 as a successful bidder on Lg.06.2024 for catering, sanitary, and security services lor post-metric hostels, without scrutinizing his documents and without considering the complaint of the petitioner wherein it is stated that the 5th respondent is ineligible to participate as his wife is working in the same Department, which is in clear violation of Rule 10 of the Telangana Civil Services (Conduct) Rules, 1964, and Clause 26 of the Manual for procurement of consultancy & other services, 2017. The petitioner submltted a representation dated 2l-06-2024, providing all the proofs and documents, but it was not considered by the respondent authorities. Aggrieved by the same, the petitioner approached this Court by filing the present writ Petition. i ! SN,J W.P.No.16314 of 2024

4. On earlier occasio n resDondent No.5 herein aDDroached the Court bv filinq W.P.No .8654 of 2022 with a orav r as under: "to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 4th Respondent in disqualifying the petitioner organisation without any valid reason from the tender process bearing R.C.No.B3l854/2021 dated 15.t1.202L for catering, sanitary, security services for the college hostels run by the Schedule Caste Development Department in Ranga Reddy District as illegal, arbitrary, unconstituional and against the principles of natural justice and consequently direct the Respondents to allow the petitioner organisation to participate in the Tenders process vide bearing R.C.No.B3l854/2O2L dated 15.t7.2021 for catering, sanitary, security services for the college hostels run by the Schedule Caste Development Department Ranga Reddy District and pass"

5. This Court vide its order dated O2.O3.2O22, dismissed the W.P.No.8654 ot 2022 filed bv the respondent No.5 observino as under: "6. Having regard to the rival contentions and the relevant material on record, it is undisputed that the petitioner is headed by its .+ SN,J W.P.No.16314 of 2024 President who is the husband of ASWO, Ibrahimpatnam, Ranga Reddy District and therefore as per general rules of Manual for Procurement of Consultancy and Other Services, 2017, a near relative of an officer of the Government cannot be allowed to participate in the tenders. The purpose of such clause is to remove any doubt or favour or prejudice in favour of any of the participants in the process. In view thereof, the objections raised by the petitioner are not susta ina b le. "

6. It is the specific case of the petitioner that inspitl of the clear observations of this Court against the respondent No.5 vide orders of this Court dated 02.03.2022 passed in W.P.No.8654 of 2022, the respondent No.3 proceeded and considered the respondent No.5 as successful bidder in the auction held on L9.06.2024 without veriFying tender terms and conditions for catering, sanitary, security services for post metric Hostels in pursuance to the tender notification dated 19.06.2024.

7. The Count r affidavit has bee n filed on behalf of ndent N d h V ara r Nos.3, 6. 7 and 8 are extracted hereunder: 3) It is to submit that, relying on representation oF writ petitioner dated:L7-06-2024 I f SN,J W.P.No.16314 of 2024 the meeting held on 18-06-2024 is postponed to 19-06-2024 and process of selection of lowest tender for supply of supply of food provisions, catering to post metric hostel boarders, sanitation, security services and other material is done in presence of the tenderers present by the Chairman / Additional Collector, District Purchase Committee, Hyderabad. In this process it is noticed that, the respondent No: 5, has quoted lowest rates than the writ petitioner, hence it is declared that, respondent No:5 is the successful bidder on 19-06- 2024. Aggrieved by the action of respondent No:3, the writ petitioner approached the Hon'ble High Court, filed the present WP No: 163L4 of 2024. The Hon'ble High Court in its orders dated: 27-06- 2024 in IA No: 1 of 2024 in WP NO: 763L4 of 2024 directed the respondent No: 2 to 4 not to finalize the tender for Catering. Sanitary, Security Services for Post Metric Hostels as per tender notification held on L9-06-2024 by considering the petitioner's complaints dated: 17-06-2024 & 2l-06-2024 tnl 05-07-2024, subsequently Hon'ble High Court, in its orders datedi 22-07-2024 extended the interim order granted by the court on 27-06-2024 ttl 27- 08-2024. As oer the orders of the Ho 'ble Hioh Court. the tender for Caterino, Sa n ita rv. ric Hostel sforP not been finalized, 6 SN,J W.P.No.16314 of 2024 6) It is to submit that, on the allegations levelled by the writ petitioner in his representation dated: 17-06-2024 & 2I-06-2024 a notice has been issued to the respondent No:5 in this office notice No: A2/806/2024, Dated: 29-06-2024. the notice served to the resoon dent No: 5 a nd to the writ Detition er, the respon dent No:5 received the n ice, but not submitt d his exolanation till date. 7) Further it is to submit that, the respondent No: 5 approached the Hon'ble High Court on the tender notice issued by the Joint Collector /Chairman District Purchase Committee, Rangareddy in RC. No: 83/854/2021, Dt: 15-11- 2O2l for not allowing him in participating in tenders and filed WP No: 8654/2022. The Hon,ble High Court in its orders dated: 02-03-2022 dismissed the writ petition filed by the respondent No: 5.

8. Learned counsel appearing on behalf of the petitioner submits that the petitioner in pursuance to the order of this Court dated 27.06.2024, took out personal notice to the respondent No.5 and filed a memo dated 18.11.2024 stating that the personal notice sent to the respondent No.5 through RPAD had been returned because of insufficient address. 1 SN,J w.P.No.16314 0f 2024

9. Paragraph No.6 of the counter afFidavit filed on behalf of the respondent No.4 (referred to and extracted above) indicates that in pursuance to the representations of the petitioner dated 17.06.2024 and 2t.06.2024, a notice has been issued to the respondent No.5 vide office Notice No.A2/806/24 dated 29.06.2024 and though the respondent No.5 had received the said notice, the respondent No.5 has not submitted his explanation as on date.

10. This Court opines that the plea of the respondent No.4. that the respondent No.5 is declared as successful bidder on 19.06.2024 is totally contrary to the observations of this Court in its order dated 02.03.2022 passed in W.p. No.8654 of 2022 and the petitioner is entitled for the relief as sought for in the present writ petition.

11. Takino into consider tion: a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government pteader for Sociat Welfare appearing on behalf of the respondent Nos.l to 4, b) The averments made in the counter affidavit filed on behalf of the respondent No.4, ___:= .,1 8 SN,J W,P.No.16314 of 2024 c) The order of this Court dated O2.O3.2O22 in W.P.No.8654 ol 2(J22 (referred to and extracted above), The Writ Petition is altowed, the respondent Nos.2 to 4 are directed to consider the request of the petitioner to consider the petitioner as successfu! bidder for catering, sanitary, security services for post metric Hostels for the year ZO24-2O25 duly taking into consideration the petitioner,s complaints dated L7.O6.2O24 and 2L.O6.2O24 and take appropriate action and finalize the subject tender for Catering, Sanitary, Security services for post metric hostets in accordance to law in conformity with principles of natural justice by giving notice to the petitioner and also the Sth respondent and all concerned within a period of two (2) weeks from the date of receipt of a copy of this order, L2. With the above directions, the writ petition is allowed. However, there shal! be no order as to costs. 9 SN,J W.P.No.16314 of 2024 As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed. SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To

1. The Principal Secretary, Social Welfare, (Schedule Caste Development) Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Schedule Caste Development Department, Hyderabad. 3. The Chairman / Additional Collector, District Purchase Committee, Hyderabad.

4. The Deputy Director, Schedule Caste Development Department, Hyderabad. 5. Rural lnfrastructure Development Organization, Rep. by its President Mallavarapu Banrnabas Chowdary, S/o Mallavarapu Yakulu, Aged 50 years, Occ. Social Worker, H.No.3-12-92lDE, Plot No.133, Rock Town Colony, Mansoorabad, L.B. Nagar, Hyderabad

6. One CC to SRI METTU SHANKAR, Advocate IOPUC] 7. Two CCs to GP FOR SOCIAL WELFARE, High Court forthe State of Telangana, at Hyderabad. [OUTJ

8. Two CD Copies PSK. BS s , trE ST4 /6. o $ 25 tEB zffi : " .l! / HIGH COURT DATED:2910112025 ORDER WP.No.16314 of 2024 eJ o o \ ALLOWING THE WRIT PETITION WITHOUT COSTS f,ilFa"%k