Y KONDA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is aggrieved by the proceedings in letter No. T/O/DB/D9/ 1325, Dt. 16-7-1996 on the file of the third respondent herein cancelling the tender under instructions from the Chief Engineer, Medium Irrigation. The petitioner prays for a writ of certiorari to call for the records contained in the said proceedings dt. 16-7-1996. The petitioners also prays for a direction to the respondents to proceed with the acceptance of the tender communicated to the petitioner in letter No. FM-10.NABARD. Spillway/DB/D9/694-M dated 30-3-1996.

(2.) The factual matrix: the third respondent herein invited tenders on 5-1-1996 from the eligible contractors with respect to Maddileru project from elevation 363 to elevation 379 metres including road, overbridge, over spillway regulator. The petitioner submitted his tender within the time prescribed along with the six other contractors. The tenders were opened on 2-2-1996 and the tender submitted by the petitioner is the lowest, as the petitioner's offer was Rs. S,63,14,500.00. The petitioner was requested by the third respondent to come for negotiations and during the negotiations the petitioner reduced his offer from 8,63,14,500/- to Rupees 8,49,91,350/-. In the final negotiations on 19-2-1996 the petitioner offered a further reduction of Rupees 5.86 lakhs which works out to 1% over and above the rates reduced by the petitioner before the third respondent. The second respondent herein by his letter dt.-26-2-1996 recommended the bid of the petitioner at Rs. 8,49,91,350.00 for acceptance. All the offers received with respect to Maddilem project were placed before the Commissariat of Tenders (for short Commissionerate) on 25-3-1996. The Commissariat after having considered various aspects of the matter accepted the offer made by the petitioner for a value of Rs. 8,49,91,350.00 (Rupees eight crore forty nine lakhs ninety one thousand three hundred and fifty only). The offer made by the petitioner would be at Plus 55.07% excess over the estimated value.

(3.) The third respondent herein through letter dated 30-3-1996 informed the petitioner about the acceptance of his tender by the Commissariat of lenders and requested the petitioner to deposit a sum of Rupees 4,75,000/- towards the balance of Earnest Money Deposit and the same was deposited by the petitioner through his letter dt. 3-4-1996. However, the agreement cannot be entered into by the third, respondent herein with the petitioner in spite of the repealed requests made by the petitioner. The third respondent herein by his proceedings dt. 1-6-1996 informed the petitioner that the orders of the Government were awaited in the matter for concluding the contract.