High Court · 2025

PetitionunderSectionl5lCPCprayingthatinthecircumstarlcesstatedin the affidavit fired in support of the petition, the High court may be pleased to direct the Respondents rnore particularly Respondent No.2 and 3 to continue the contract executed b'y the Respondent No. 3 dated .19.08.2022 till 19.0g.2025. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumsi.anees slated in lhe affidavit filed in support of rhe petition, the High coqrt may be please{ to stay all furthqr proceedinr3s respect of tender notification bearing RC. No,9g/GGH/NLG1 D .t, 06.99.2024, issued by the Respondent NoS. 2 and 3. -2924 lA NO: 3 OF 2024 F-.------------ Be.,ween: and Family Werlfare, Secretariai buildirio. Hvderabjri.

1. The State of.Tetangana, Rep by.principal Secretary, Dept of Health, Medical 2. Ihe Additional Collector (Revenue), tta'iooriOa Distribt. Natoonoa p. The Superintendent, Government Geneial Hospital. Nalqoida- dOSOOt 4 Qiri suriiical Parrs pvt Ltd, Rep by its Authorizeb signator, on al'pitit'trto. zt, Phase ilt. tDA, Jeedimetta, Mddchat Matkajgiri, Telinganii SoOOiis. -' - ...PEITIONEBS/RESPONpENTS AND ['l/... Q .F Ve.d]qqVip . Bep o_V its proprietor Dhanavath RqnS? S-/ o. fatu Off. AI Plot No 5-1.?3.Znd ftoor. PrakashamBazar. Naigonda, feTdn-$bnal- - ...RESPONDENTlPET!TIONER Petitiqn under section 15i cpc praying that in the circqmstanqes statg{ i4 the affidavit filed in support of the petition, the High Court may he pleased to vacate the ln[erim order in dated o3t1ot2o24 in wp.No.z77gvt2oz4 and dismiss the writ petition. , Counsel fo1 the Pqtitioner: SRI R.ANURAG Gouns6l for the Respondent Nos.1 & 3: Gp FOR MEDICAL & HEAI-TH FW Cgunsel for the Respondent No.2: cp FOR REVENUE Counsef for the Respondent No.4: - The Court made the following: ORDER ) I I i I I 1 HON,BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.27787 OF 2o24 ORDER: The 3'I respondent issued tender notification dated

06.A9.2024 and proceeding with the tender process, despite being aware of the factum of existence of petitioner's contract which is subsisting Lill 18.08.2025 for supply of medrcal implants. Thc same is questioned in this Writ Petition

2. Pelitioner firm is engaged in the business of supplying, distributing wholesale drugs including implants for past several years. Therefore, he participated in the tender notification issucd by thc respondents dated 28'07 2022 for supply of implants to Government Generai Hospital, Nalgonda (for short 'GG t{') anrt emerged successful' As the tender lt'as issued only for [u'o years, petitioner made representation to the

3.,lrespondent to extend the same to three years and the latter by procecdings dated 18.O8.2022 issued permission to petitioner finn lbr supply of impiant items for three years effective lrom 19.O8.2O22. It is stated, a contract agreement was drawn in the form of MoU between petitioncr hrm and the 3'd respondent on \ \ e )

19.O8.2022, clause (4) specihcallv states that the e.ffect of contract is for thre c years and it ma1, be extende(l, therezr.fte r, on mutual cons3r1t. In view of the same, the contract i,; up to

19.O8.2025 V/hrle so, the 2"a respondent issued l::ttcr f proceedings ctn 02.O8.2024 stating that permission acccrdcd to petitioncr is onlr. for trvo years and the same is expir.ing on 18.O8.2024, .hr:refore, petiLioner submitred representai ion on 07.O7.2024 dul."' cxplaining the f:rcts ancl circurnstanccs, ,that contract vvould expire on 18.O9.2025, houer.er, ri,ithoul considering the representation nor consiciering the r:xis[ing contract and permission order gir.en bv the 3.<t r.esponcl,::nl, he had illegallr-, arbitrarily issued a fresh tender notifi,:ation, impugned in this Writ petition and initiared the t:nder process. Even as on Loda_v, petitioner,s con[raci, it is stated. is in subsistence and no lermination proceedings were rssued by the

3.d respondent. Learned counsel for petitioner Srr R. Lnurag submits that t.he action of the 3.d respondent in tssuinp fresh tender notificiltion u.ithout either terminating the co n[ract entered into g.rth the 3rd responclent or passing a reasoned orcler W7'7 / l ) considering representation of Petitioner for the notice dated O2.O8.2O24 is nothing but violative of principles of natural justice. According to him, the terms of contract prevail over any discrepancy or any inconsistency in other contract agreement, as such, the 3'd respondenl has no authoriff to issue a new tender for the contract ['hich is subsisting till date' While entertaining the Writ Petition, this Court by 4. order dated O3.1O.2O24, directed offucial respondents to go ahead with the tender notification dated 06.09.2024, however, without finalising Lhe s:rrne. The Superintendcnt, GGH, Nalgonda hled counter

5. stating that pursuant lo the tender notihcation dated 17 .O2.2O22 for supply of drugs, surgical, ortho implants, lab reagents and surgical consumables to GGH, Nalgonda for a periocl of two years, only singie tender was received, therefore, AJC (Rev) cancelled the tender and called for fresh tender and paper notihcation was published in daily newspaper dated 27 .O7 .2022. Accordingiy, three bidders participated in the tender namely 1) M/s Dr. Mediequip; 2) M/s Health Care Solutions ancl 3) M/s Ravi Agencies and contract was awarded td L1 least quoted f,rrm i.c petitioner and the same was \ approved try Lhe Joint Collector, Nalgonda for tu_o vezrrs from 19 .O8 .2022 to lg.Oa.2O24 who is appointe<i :rs Ch airman, Hospital Der.elopment Societ1,, Nalgonda vide G.O.M:.;_No. 1, rlatcd 03.01.-2O2O, but Lhe order to supply impl.rnts q.ar,, issued by the ther-r Superintendent, GGH, Nalgonda .br_ th rc: years effectir.e from 19.08.2022,,vhich is contrast ro th(. notc approval. It ls stated that the alleged IVIoU cla ccl )9.(t8.2O22 is not part ol' the record and it is noL in accor(lance lith the note approval, so also the representation datr:d ro.cg.2Ct22 referred to bv pe titioner as to whether propr;sais nade ripon it to the Joint Colk:ctor for modihcation of contract ,r,nurc ti) three years also is rLot t_.'orne out of this office record. It Isi stat(,d that the office ulde proceedir-rgs dated 02.Og.21o24 rnformt_cl pcritioner that two yea-rs contract for the supply of implanr tems to GGH, Nalgonda is e xpiring on 1g.Og.2024. For thc r.c.pre sen tatlon dated 07.O8.2O24 submitted by petitioner, the 3.(i rcspc,ndent uide merrro dated 09.Og.2024 inforrned that ir is rlor feas b1e to extend the ortho implant contract for an_v furthc,r pcrio,l and petitioner subntitted another representation dated g.Og.2i)24 to refund the EMI) of Rs.2,00,OO0/_ rvhich u.as dcpo:;rtcci bl them I Y ,1 ) during the tender in 2022 since contract period *'as not extended bv this office. It is also stated that as thc contract expiry date was approaching, a note file was circulated to the District Collector, Nalgonda duly requesting to issue necessary orders regarding fresh tenders for which, District Collector agreed to the procurement of implants through Hospital Tender Committee under Chairmanship of DPC ar-rd till thc completion of tenders, or[ho impiants may be procured through DCHS, Nalgonda; accordingly, orders \vere issued to DCHS, Nalgonda for procurement of Ortho implants on receipt of purchase orders from Superintendent, GGH, Nalgonda and simultaneousiy, fresh tenders were called for towards supply of Ortho implants for a period of two years. Pursuant to lhe Lender, pctitioner herein brought the tender application but did not submit any sort of technical bid or Iinancial bid lorms or participate in tenders' However, the following three bidders have participated in the process 1) M/s Ravi Agencies, Nalgonda, 2) M/s Siri Surgicals, Nalgonda and M/s Adva Medicare, Secunderabad On opening the technical bid of the above bidclers on 27 'O9 2024 and lrnancial bid on 01.1O.2024, M/s Siri Surgicals, Nalgonda have t t I 6 ( qualified lor linanciai bid and the District purchase Cornmittee has come tc, a resolution to award the tencler to Nl i s Siri Surgicals Nalgonda for two years with effect from i6_1O.2A24 o 1r.1{J.2026 (ir .596 discount on all the 384 iterns ancl provide Arthroscop_r' instrument set to GGH, Nalgodna.

6. I--l eard learned Government pleacler for l,le dical, Health and Famiiy Welfare on behalf of the 1sr responclt.nt :rnd learned Cove:nrnent Pleader for Revenue on be h:rli of :he 2nd respondt n t.

7. lri viern, of the categorical averments in tlte (.ounLcr stating thilt N{oU dated 19.08.2 O22 said to havr: 1;ecn lnrercd ., between pctitioner and the then Superintt.ncie nt, GGH. Nalgonda is ljot part of the office file and it ,s also not in accordancc v,itl-r the note approval by the then;oint Collector. dated 17.O8.2022 and further, rhe- represeir riltion dared 10.O8.2O22 rr:ferred to by petitioner and u,hetherr proposals made upon it to the Joint Collector for modificarlon of conLract tenure to thret: 1,ears also not borne out oI the olice reco.-cl and no such apprcval was taken for such modificatici.r. and f,-rrther pursuant to the notification issued, the 4!h responder t u,as awarded tcn tr.nder with effect from 16. lO.2O24 t,; I a.1 O 2026, I Y 7 and also in view of the well settled 1aw laid dou'n by the Hon'ble Supreme Court to the effect that there should be no judicial review in commercial matters unless a case of arbitrariness, maLa ftde, bias or irrationality is made out and that the Court should refrain from imposing its decision over the employer with respect to whether or not to accept thc bid of a tenderer, this Court is not inclined to accept the request of petitioner. The Writ Petition is therefore, iiable to be dismissed.

8. costs. g. The Writ Petition is accordingly, dismissed. No Consequently, the miscellancous Applications, if any shall stand closed. I //TRUE COPY// SD/-V. KAVITHA ASS T NT REGIS S CTION OFFICER ?*: 33Ji"t# F#H'S?cffffi?il?fi"i+ Hish court ror the State or +s;srelttl'ttsfH?"J$Url Hign co,n for the srare of reransana, at Hvderabad. [OUT] Trjyo CD Copies To 1 2 3 4 PSK. BS HlGH COURT DATED:13 10212025 ORDER WP.No.27787 of 2024 toR 1t rE S ,,i; c lirir Z[t] r ,trr- pFo DISMISSING THE WRIT PETITION YUITHOUT COSTS / /.< ./d ,/7,/r5