MARGADARSI BOREWELLS Vs. SINGARENI COLLERIES CO LTD

JUDGEMENT

(1.) Though the W. P. M. P. is posted before me, the main writ petition is disposed of with the consent of the parties.

(2.) The action of the 1st respondent-The Singareni Collenes Co. Ltd., a Government company (hereinafter called the Company), in accepting the tenders of and technically qualifying the 4th respondent herein, for the work of drilling of blast holes by using machines at different open cast projects of the Company in overburden and coal, is under challenge in this writ petition.

(3.) The facts of the case, as disclosed in the affidavit filed by the petitioners, briefly, are as follows : All the 34 petitioners are proprietary concerns carrying on business in boreweli drilling in the State of A.P. They own bore-well machinery having purchased the same by availing financial assistance from various institutions. The Company, being involved in the excavation of coal in the open cast mines, has required drilling of blast holes for the purpose of extracting coal of certain diameters by using machines at different open cast projects of the Company. The Company entered into rate contract with R-3 Corporation for the drilling of blast holes. R-3 Corporation was entrusting the said work to several other boreweli drillers including the petitioners for executing the works of drilling, since the Corporation could not execute the work on its own. The petitioners and other drillers have been doing business with R-3 Corporation at fixed rates. The Company, in view of the large volume of the estimated work, has taken a decision to call for lenders. Accordingly a tender notification was issued on 29-8-1995 for drilling blast holes, by using machines at different open cast projects, the closing date being 10-9-1996. As per the tender conditions, the tenderer should have a minimum experience of 3 years in similar job and should have handled a minimum of 5,00,000 meters of 6 1/2"/150mm. size hole drilling in any one financial year during the previous 3 years. It is further stipulated that the annual turnover of the tenderer should be about Rs. 1.5 crores in any one year during previous three years. None of the petitioners satisfied the conditions. Hence, they did not respond to the tender notification.