KANAKA DURGA BOATMEN AND SAND QUARRY WOKERS LABOUR CONTRACT CO OPERATIVE SOCIETY LIMITED Vs. STATE OF A P

JUDGEMENT

(1.) The Zilla Parishad, West Godavari district, the 3rd respondent herein had issued notification dated 31-12-2001, inviting tenders for leasing out the ferry rights of Madhavayapalem Ferry across river Godavari. The ferry fall within the territorial limits of Narsapur Mandal Parishad. The procedure contemplated submission of sealed tenders as well as participation in open auction. The tenders were received and auction was held on 22-2-2002. The petitioner-Society claims to have emerged as the highest bidder. However, the same could not be proceeded with. Thereafter, another notification dated 31-3-2002 was issued and auctions were held in pursuance thereof on 17-4-2002. The petitioner claims to have offered his bid at Rs.33,33,333-33 ps. in the negotiations held on 3-5-2002, which became the highest bid.

(2.) The 4th respondent i.e., the Mandal Parishad has convened the meeting of General Body on 26-6-2002, accepted the offer of the petitioner and submitted the same for ratification by the 3rd respondent. In turn, the 3rd respondent, through its proceedings dated 23-7-2002, confirmed the auction in favour of the petitioner and directed the 4th respondent to hand over the ferry to the petitioner duly executing the agreement, on condition that the petitioner shall deposit 40% of the bid amount. The 4th respondent issued consequential proceedings dated 0-7-2002 granting time up to 9-8-2002 to the petitioner to comply with the conditions.

(3.) The petitioner claims that on receipt of the proceedings dated 30-7-2002, it had approached the 4th respondent duly obtaining the D.Ds., for the amount, drawn on South Indian Bank, Kotipalli Branch. When the 4th respondent refused to accept the DDs drawn on the South Indian Bank, efforts were made to convince, by citing the instances of the acceptance of the DDs of the said Bank by the Irrigation department. When even that did not fructify, the petitioner had taken DDs., on 9-8-2002 drawn on Vijaya Bank and went to the office of the 4th respondent for executing the necessary agreement. It is stated that the 4th respondent evaded to receive the amount. Feeling aggrieved by the attitude of the 4th respondent, the petitioner got issued telegrams to respondents 2 and 3 and also addressed representations through registered post. The petitioner alleged that the 4th respondent- Mandal Parishad Development Officer, who is impleaded by name as the 5th respondent, has deliberately refused to accept the DDs and confer the ferry rights on it, only with a view to advance his personal interest to lease the ferry to persons of his choice.