LAXMI ENGINEERING COMPANY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the action of respondent No. 2 in rejecting the petitioners' tender filed in pursuance of Tender Notification, dated 7-6-2001, as illegal and arbitrary. The petitioners sought for a consequential direction to respondent No. 2 to open their tender along with the tenders of respondent Nos.3 to 5.

(2.) The petitioners are Joint Venture Partners of ''SLEC-RVR-MRKR Consortium'', represented by Sri R. Anil, son of petitioner No. 2. The dispute pertains to disqualification of the technical bid of the petitioners' joint venture in respect of the work pertaining to formation of earth dam for full reservoir level @ + 124.00 M; construction of OGEE Weir to discharge 1471 CUMECS (52000 CUMECS) of MFD; surplus arrangements with guide bunds; construction of Head Regulators to let out water into left and right main canals; execution of left & right irrigation channels, distributory system & field channels to irrigate proposed ayacut of 2020 hectares (5000 acres) khariff paddy and 3240 hectares (8000 acres) khariff I.D., including construction of CD and CM works on Engineering, Procurement and Construction (EPC) turnkey contract basis. It is the common case of the parties that the said works were initially entrusted to a contractor, who abandoned the contract after completing 60% of the works. A tender notification was issued for the balance works. In pursuance of the said tender notification, six tenderers have submitted their bids, out of which two bids were rejected at the scrutiny stage. The petitioner-JV and respondent Nos.3 to 5 remained in the fray. The technical bids of the petitioner-JV and respondent Nos.3 to 5 were opened. However, the financial bid of the petitioner-JV was not opened while the bids of respondent Nos.3 to 5 were opened on 3-9-2011. Feeling aggrieved by non-opening of their financial bid, the petitioner-JV filed the present Writ Petition.

(3.) A counter-affidavit has been filed, by respondent No.2 on behalf of himself and respondent No. 1. A separate counter-affidavit has been filed by respondent No.3, who is stated to be the successful bidder.