K. ESWAR REDDY Vs. STATE OF ANDHRA

JUDGEMENT

(1.) This writ petition is filed questioning the action of the respondent No.2 in issuing the e-procurement notice NIT No.125/2022 dtd. 15/6/2022 incorporating the condition No.2.2.3 (a).

(2.) The counsel for the petitioners submits that the petitioners are the farmers running poultry farms for the last so many years. While so the respondent No.2 issued e-procurement notice NIT No.125/2022 dtd. 8/6/2022 for the year 2022-23 giving eligibility criteria under para 2.2.2 by allowing the consortium of poultry farmers to participate in the tenders subject to fulfilling all the other eligible conditions with a restriction of the number of farmers in the consortium to a maximum of four original poultry farmers which cannot be exceeded to. The Para 2.2.3 of the said notice envisages that the suppliers, dealers, traders, marketers, third persons and brokers forming joint venture or partnership or doing poultry formation on lease farms or tenant farmer are not eligible to participate in the bid. The said tender notification was also published in the daily newspapers. Instead of adhering to the said conditions, the respondent No.2 suddenly issued a corrigendum to the said tender notification dtd. 8/6/2022 by inserting the para 2.2.3(a) enabling the lease poultry farmers also to participate in the bid provided they are properly registered with the registration and stamps department for a period of at least two years till 30/6/2024 subject to fulfilling all the other conditions on par with the poultry farmers. The counsel for the petitioners submits that the said corrigendum was issued in order to facilitate the corporate egg traders at the cost of real poultry farmers. In furtherance of the said action, the respondent No.2 cancelled the earlier tender notification dtd. 8/6/2022 and issued the impugned tender notification dtd. 15/6/2022 with the introduction of para 2.2.3(a) as stated above. No sufficient time was also given for submission of the bids pursuant to the impugned tender notification dtd. 15/6/2022. Hence, the said procurement notice NIT No.125/2022 dtd. 15/6/2022 is assailed in this writ petition.

(3.) On the other hand, the learned Government Pleader relying upon the counter affidavit of the respondent No.2 submits that the e-procurement tenders were called for procurement of supply of eggs to all the schools and Anganwadi centers under the scheme of Jagananna Gorumudda and YSR Sampoorna Poshana in the State.