YAKUB SHAVALI PATAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking the following prayer -

(2.) The 2nd respondent issued tender notification dated 14.03.2016 for transportation of commodities for the period 01.04.2016 to 31.03.2017. The petitioner, being eligible person to participate in the tender, has gone through the terms and conditions of the tender notice and found condition Nos.26 (b) and 50(a) to be unreasonable. Challenging the same the present writ petition is filed.

(3.) Learned counsel for the petitioner contended that these two conditions, which mandate installation of Global Positioning System (for short 'GPS') devices, would be an additional burden on the petitioner and further the conditions are irrelevant in relation to the purpose for which the tender notification has been issued. It is also contended that so far as the petitioner's owned vehicles are concerned, he is ready to install GPS devices. But, in a given situation, if he is required to hire the vehicles from the market, in that case it would be well -nigh impossible for him to ensure installation of GPS devices, and as such, the conditions are unworkable and impossible for performance, and stipulation of such conditions in the tender document is, per se, illegal.