DURAI ENTERPRISES Vs. STATE OF A.P

JUDGEMENT

(1.) The above writ petition is filed seeking the following relief, which is amended as per order dtd. 10/7/2023 passed in I.A.No.2 of 2023:

(2.) In the affidavit, it was contended, inter alia, that petitioner is doing business in the name of 'Durai Enterprises' in human hair collection and selling the same. On 10/5/2023, E-Procurement/Tender-cum- Public Auction notification in R.C.No.C1/451038/2023 was issued by respondent No.3 for collection of human hair from respondent No.3 Temple, for a period of two years. Public auction was scheduled to be held on 24/5/2023 at respondent No.3-Temple. As per terms and conditions of the notification, to participate in public auction, one has to pay a challan for Rs.1,180.00 and Rs.15,00,000.00 as primary deposit. After finalizing the bid, one has to deposit the amount of one year contract within stipulated time and shall execute necessary documents giving affidavit as stipulated in the regulations. With a view to participate in the public auction, petitioner paid Rs.1,180.00 to the credit of respondent No.3 on 23/5/2023 and got demand draft of Indian Bank, Karaikudi EAB Branch, Tamilnadu for Rs.15,00,000.00, in favour of respondent No.3. Petitioner took tender schedule form from respondent No.3 by submitting challan. Petitioner attended the public auction along with demand draft for Rs.15,00,000.00 and expressed intention to participate in the public auction.

(3.) Respondent Nos.4 and 5 also attended public auction. Respondent Nos.4 and 5 quoted bid for Rs.1,35,00,000.00and Rs.1,34,50,000.00 respectively and petitioner quoted the bid for Rs.1,50,00,000.00. Respondent No.3 and his subordinates, in collusion with respondent Nos.4 and 5, did not receive demand draft for Rs.15,00,000.00 from the petitioner and necked out him from the Temple and later claimed completion of auction. Impugning the action of respondent No.3 in not allowing petitioner to participate in public auction, this writ petition is filed.