SEETHARAMANJANEYA CONSTRUCTIONS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, in this case, is engaged in civil contract works and is registered with the departments of the State of Andhra Pradesh for execution of various civil works. It undertakes execution of works pertaining to laying of roads, their development and widening.

(2.) It is not in dispute that, for laying roads, Bituminous Mixes which are created in Hot Mix Plants are used.

(3.) A Circular Memo No.TA1/514/94-27 dt.12.04.1994 was issued by the Chief Engineer, Panchayat Raj (R&MI) Department, Hyderabad, stipulating a condition in the tender notice itself that there ought to be a tie up arrangement between a bidder for a contract for laying road and a Hot Mix Plant owner, located within a distance of one hour travel from the farthest point of the work spot. This is allegedly because, when Bituminous Mix is used for laying the road, proper temperature ought to be maintained while transporting it from the Hot Mix Plant to the work spot.