\a/s K! Lorry Transport v. 1. The State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, order or direction more particulady one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents not returning back the EMD Deposit amount of Rs.10 Lakhs which was deposited by the Petitioner for the purpose of tender process vide Notification No.Mktg/M2ls2lPTCl KMS 2024-25 dated 19.09.2024 from 01 .10.2024 and valid till 30.09.2025 to execute the work of supplying lorries for transportation of Paddy in Thipparty - Block, as the Respondents deliberately and intentionally c 'agged to issue the appointment order and work order for one year and finally issued appointment order on 21 .1O.2025 after completion of period of tender t,i las illegal, arbitrary and violation of principles of natural justice, consequently d I :ct the Respondents to return-back the EMD Deposit amount of Rs.10 Lakhs wtti ;h was deposited by the Pelitioner for the purpose of tender process vide Notifit;i tion No.Mktg/M2l52l PTC/KMS 2024-25 dated 19.09.2024 from O1 .1O.2024 and ,r; lid till 30.09.2025, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir ;umstances stated in the affidavit filed in support of the petition, the High Court mit be pleased to direct the Respondents to return back the EMD Deposit amount c ' Rs.1 0 Lakhs which was deposited by the Petitioner for the purpose of tender pr) ;ess vide Notification No N/ktg/M2l52lPTC/KMS 2024-25 dated 19.09.2024 tro.Y]' t1 .10.2024 and valid till 30.09.2025, by considering the representation dated )3.11.2025, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. SAKHERA BANU, REPRE! ENTING SRI M. A. K. MUKHEED Counsel for the Respondents No.1 & 2: GP FOR CIVIL SUI' 'LIES Counsel for the Respondent Nos.3 & 4: SRI K. DEVENDEF., S.C. FOR TSCSCL The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITI ON No.34199 of2025 ORDER: This Writ Petition is filed seeking a direction to the respondents to retum the EMD amount of Rs'10,00,000/- which was deposited by the petitioner for the purpose of the tender process vide e-tetder notification No. MktgM2/52lP1'C/KMS 2024-25 dated 19.09.2024.

2. Mrs. Sakhera Banu, leamed counsel representing leamed counsel for the petitioner, submitted that the petitioner had participated in the tender pursuant to the tender notification dated lg.Og.2)24 and the contract was valid lor the period lrom 0l.lo.2o24to3o.og.2025.Shesubmittedthatthoughthepetitioner stood as the Ll tenderer, the contract was not awarded to the petitioner for various reasons. Therefore, the petitioner has made a representation dated 03.11.2025 to the respondent No'2 seeking return of the EMD and since no action has been taken thereon' the present Writ Petition has been filed' TMDJ ry 34199 2025 2

3. Sri K. Devender, ieamed Standing Counsel frr Telangana State Civil Suppties Corporation, appearing for resprr rdents No.3 and 4, on written instructions, submitted that t-' rder notice No.Mktg/M2l52IPTC/KMS/2024-25, dated 22'ot\ 2024 was cancelled and re-tender was issued vide e'tender nol' MktglMZlSZlPTC/KMS 2024-25 dated 19'09 [rcation No. 2024 for transpoftation of paddy for two blocks, namely Th pparthy and Nidamanoor. lt is further stated that the petitioner stc and successlul biddcr under the re-tender notifictLl rd as the Ll on, but the tender could not be finalized due to the pendency of rtr .P.No.29529 of 2024 belore this Court. The said Writ Petition wa ; disposed of vide order dated 25.10.2024 with a direction to tf t respondents therein not to finalize the tender until the represer tation of the petitioner thercin was considered and appropriatt: orders were passed. It is stated that the tender committee did not i gree with the representation ofthe petitioner therein. Thereafter, z decision was taken in the meeting of the State Level Comnt ttee held on I 3.08.2025 to extend the vatidity of the contracts of t xisting Paddy and Gunny transport contractors of KMS 2024-25 u1: to 31.03.2026 ,,r / TMDJ wp-i4lg9 2025 3 and respondent No.3 approved that the petitioner be awarded the tender. The petitioner is now seeking withdrawal of the EMD He further submitted that the petitioner ought to have submitted a representation for this purpose to respondent No-4 and not to respondent No.2.

4. Having regard to the rival contentions and the materia[ on record. this Court finds that the period for which the contract was originatly issued has already expired on 30'09'2025 and though the petitioner is the Ll tenderer, it is under no obligation to accept the proposal of the respondenls to extend the validity period up to

31.03.2026. The petitioner has every right to seek return of the EMD since the contract was not awarded to him' 1 ) I I

5. Since it is stated by leamed counsel for respondents No'2 and 4 that the appropriate authority to consider the application as per Tender Condition No.2l is respondent No'4' leamed counsel I'or the petitioner submitted that the petitioner would make a representation to respondent No'4 and requested that such representation be directed to be considered expeditiously' 4 TMDJ wp 34t99 2025

6. [n view of the above, this Court permits t r : petitioner to submit a representation to respondent No.4 within a period of one (01) week from the date of receipt of a copy of his order and respondent No.4 shall take a decision on the retum ,l.the EMD to the petitioner within a per.iod of two (02) weeks fir m the date of receipt of such rcpresenlation. 7 With the above direcrions, rhis Writ petition ; disposed of. There shall be no order as to costs i I I

8. Miscellaneous applications. if any, pendinl; in this Writ Petition, shall stand closed //TRUE COPY// Sd/. I\ . JAWAHAR REDDY AS:J STANT REGISTRAR /. / <-. \_ SECTION OFFICER

1. The Principal Secretary, Civil Supplies Department State of Telangana, Secretariat, Hyderabad.

2. The Additional Collector and Ex-Officio Executive Dire: or (EOED), Nalgonda District, Telangana State.

3. The Vice Chairman/Managing Director, Te_langana State Civil Supplies Corp_oration Limited, Civil Supplies Bhavan, 3' Floor, (i 3-655/1iA, Punjagutta Rd, Somajiguda, Hyderabad, Telangana 500082.

4. The District Manager, Telangana State Civil Supplies Corporation Limited, Nalgonda District, Telangana State.

5. One CC to SRI M. A. K. MUKHEED, Advocate IOPUCI 6. Two CCs to GP for Civil Supplies, High Court for the ltate of Telangana at Hyderabad. [OUT]

7. One CC to SRI K. DEVENDER, S C. for TSCSCL IOPIJ )] 8. Two CD Copies To MP SY ,, HIGH COURT DAT'I:D:1911112025 -inE S 'tA \ . ?gJAt{20?6 a. /(, ( '2. * Oc(\ ORDER WP.Nc, 34199 ot 2025 DISPOSING OF THE VI RIT PETITION WlT HOUT COSTS d o\ q,