M L SUDERSHAN RAO Vs. SECUNDERABAD CANTONMENT BOARD

JUDGEMENT

(1.) Heard Sri N. Subba Reddy, learned Senior Advocate on behalf of the petitioner and Sri Y.V. Ravi Prasad, learned Standing Counsel on behalf of the respondents 1 and 2 and Sri J. Prabhakar, learned Counsel on behalf of the 3rd respondent.

(2.) The petitioner is a Contractor and has been awarded certain contract works with regard to annual repairs, maintenance and improvement of roads. He has questioned the awarding of contract in favour of the 3rd respondent on "nomination basis" by the Cantonment Board - respondents 1 and 2 herein by its Resolution dated 14-5-1997 as illegal and contrary to law.

(3.) It must be mentioned here that the 3rd respondent herein is a Contractor who pursuant to a Tender Notification bearing No. EB/M&R/R/96-97/1786, dated 8-4-1996 and EB/MR/R/96-97-2008, dated 22-4-1996, which was for the value of the works of Rupees Two Crores and Sixty Six lacs submitted his tender for Rupees One Crore and Sixty Six Lacs. The 3rd respondent's quotation was said to be the lowest. However, the Cantonment Board at its Meeting held on 27-5-1996 resolved to accept the quotation submitted by the 3rd respondent with a condition that the work not exceeding Rs.30 lacs may be got done at the rates quoted by the 3rd respondent. The said Resolution dated 27-5-1996 passed by the Cantonment Board reads as under: