JANGAON MUNICIPAL SANITARY WORKS AND LABOUR CONTRACT CO OPERATIVE SOCIETY LTD Vs. COMMISSIONER JANGAON MUNICIPALITY

JUDGEMENT

(1.) THE first respondent issued a tender notice dated 15. 11. 2001 inviting Tenders from registered Labour Co-operative Societies for allotment of sanitary work in Jangaon Municipality. After completion of the procedure, the 2nd respondent herein was declared successful tenderer and the work of sanitation in Janagaon Municipality was allotted to the 2nd respondent for a period of two years with effect from 01. 02. 2002. This action of the first respondent in accepting the Tender of the 2nd respondent is assailed in this writ petition.

(2.) THE only ground on which the acceptance of the Tender of the 2nd respondent is assailed is that as per Rule 5 (2) of the A. P. Municipalities Tender Rules, 1967, every tenderer who wish to take up any work with the municipality should be a registered contractor and that 2nd respondent, not being a registered contractor with the Janagaon Municipality, is not qualified to submit the tender for the same. The learned counsel for the 2nd respondent, however, relies on the conditions of Tender in support of his submission that no such condition was prescribed while inviting Tenders. The submission is misplaced. Where or not the Tender condition include such stipulation that tenderer should be registered with the concerned Municipality, all works of Municipalities are governed by the Andhra Pradesh Municipalities Tender Rules, 1967 and any Tender can be accepted subject to the rules. Rule 5 (2) of the said Rules reads as under :

(3.) IN the result, the writ petition is allowed and the acceptance of the tender of the 2nd respondent for sanitation work in Jangaon Municipality is declared illegal. The 2nd respondent shall be entitled for refund of deposit/ HMD, if any paid by him. The 1st respondent shall again reconsider the other Tenders as per the Tender rules and take appropriate action within a period of one week from the date of the receipt of a copy of this order. There shall be no order as to costs.