DURAI ENTERPRISES Vs. TIRUMALA TIRUPATI DEVASTHANAMS

JUDGEMENT

(1.) THIS batch of Writ Petitions raises common questions and hence they are being heard and disposed of together. For convenience, the parties are referred as they are arrayed in W.P.No.18276/2011.

(2.) IN pursuance of tender notification issued by respondent No.2 on 31-1-2011, the petitioners have submitted their tenders for purchase of human hair from respondent No.2. It is the common case of the parties that respondent No.2 has fixed the upset price for each of the six varieties of human hair. It is also not in dispute that all the petitioners have quoted their rates below the upset price so fixed. Condition No.4 of the tender-cum-auction conditions (for short the tender conditions) prescribes that if the rate quoted by the tenderer is less than the upset price fixed by respondent No.2, such tender shall become invalid. Despite this mandatory condition, the Negotiations Committee constituted by respondent No.2, has invited the petitioners for negotiations for upward revision of the price. Evidently, negotiations failed leading to passing of the impugned proceedings dated 15-4-2011 by respondent No.4 whereby he has forfeited the earnest money deposits (EMDs) of 45 tenderers who quoted rates less than the upset price fixed by respondent No.2. 25 of these tenderers have filed these Writ Petitions questioning this action of respondent No.4.

(3.) IN support of their submissions, the learned counsel placed reliance on the following Judgments: The D.F.O. South Kheri Vs. Ram Sanehi Singh AIR 1973 S.C. 205, Common Cause Vs. Union of INdia AIR 1999 S.C. 2979, L.I.C. of INdia Vs. Consumer Education and Research Centre AIR 1995 S.C. 1811, E.P. Royappa Vs. State of Tamil Nadu AIR 1974 S.C. 555, Yogesh Mehta Vs. Custodian appointed under the Special Court (2007) 2 SCC 624, Jay Vee Rice and General Mills Vs. State of Haryana (2010) 10 SCC 687, Kunwar Chiranjit Singh Vs. Har Swarup AIR 1926 P.C. 1, The Chairman of Bankara Municipality Vs. Lalji and Sons AIR 1953 S.C. 248, Surabh Prakash Vs. DLF Universal Ltd. (2007) 1 SCC 228 and Maula Bux Vs. Union of INdia AIR 1970 S.C. 1955.