P SREERAMA REDDY Vs. COMMISSIONER RAJAHMUNDRY MUNICIPALITY

JUDGEMENT

(1.) Notice before admission was ordered in this Writ Petition on 17-10-1994 and respondents were directed not to finalise the tenders and not to award the works covered by the impugned tender notice dated 7-10-1994 to any one, pending further orders. The 1st respondent herein filed his counter affidavit dated 24-10-1994 and sought vacation of the interim directions granted on 17-10-1994. On behalf of the petitioners, the 1st petitioner gave his replay affidavit dated 24-10-1994.

(2.) Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent. It is agreed by them that the Writ Petition itself should be disposed of at the admission stage itself.

(3.) The petitioners question the short tender notice dated 7-10-1994 bearing Roc. No. E3-9449-94 issued by the 1st respondent herein i.e., the Commissioner, Rajahmundry Municipality, for certain road works within Rajahmundry Municipality area; firstly, on the ground that condition No. 12 introduced therein to the effect that for the works for which tenders were called, only contractors owing hot mix and paver and the related tools and the plant are eligible to submit tenders, is arbitrary and bad; and secondly, on the ground that proper publicity was not given to the said tender notice and sufficient time was not granted for submitting tenders as required by the relevant Rules applicable for the issue of the said tender notice.