DEEPAK CONSTRUCTIONS Vs. GOVERMENT OF A P

JUDGEMENT

(1.) These two writ petitions which are based on the same set of facts involving common questions of law for consideration are heard together and decided by this common order.

(2.) The 3rd respondent - The Chief Engineer (I&CAD) Department, S.R.S.P. Stage-II, K.C. Camp, Warangal issued Tender Notice No.42/2003-04, dated 24-11-2003 inviting tenders for earth work excavation and forming embankment of Kakatiya Main Canal from Km 317.00 to Km 318.00 including construction of structures.

(3.) In pursuance thereof, the petitioner in W.P. No.5056 of 2005 submitted its tender and the same was found to be the lowest. Consequently, the petitioner-firm was awarded the work and an agreement dated 23-2-2004 was executed by the fourth respondent. As per the said agreement, the work awarded was to be completed within 12 months from the date of the agreement. It is relevant to note that as per the rates specified in Schedule-A to the agreement, the rate for excavation of canal cutting in hard rock and boulders more than 3 cum in size was specifically mentioned as Rs.284.05 per cubic metre. As a matter of fact, the said rate was mentioned even in the tender notification and on the basis of the same the petitioner has quoted 31% less than the estimated value and thus stood as successful bidder.