P V KRISHNA Vs. COMMISSIONER FOR TENDERS HYD

JUDGEMENT

(1.) This batch of three writ petitions and two contempt cases can be disposed of by a common order as the subject matter and the question for decision is one and the same.

(2.) The relevant facts may bementioned briefly: For the sake of convenience the parties will be referred to as arrayed in WP No.20349 of 1998. The Superintending Engineer and Project Administrator, Construction Circle, Dowleswaram, East Godavari District, third respondent, issued a tender notice on 18-3-1998 calling for tenders with regard to the execution of four works at Dowleswaram barrage as specified in the said tender notice. The tenders were opened on 16-4-1998. The tender of the 4th respondent was found to be the lowest for all the four works put together. Insofar as the fourth work is concerned, since the value of the said work exceeded rupees one crore, it had to be referred to the Commissioner of Tenders for Finalising the tender. The Commissionerate of Tenders, by its proceedings dated 30-6-1998, while approving the finalisation of the tender of the 4th respondent for the said work, however, recommended that the approval of the Government also may be obtained since the rates quoted by the 4th respondent were not strictly in accordance with clause 10 of the tender conditions which required the rates to be quoted in rupees and in sums of five paise. Ultimately all the four works were awarded to the 4th respondent who entered into agreements on 2-7-1998 with regard to Work No.4 and on 4-7-1998 with regard to Work Nos.l, 2 and 3.

(3.) The petitioner initially filed WP No.18871 of 1998 questioning the finalisation of the tender with regard to Work No.4 in favour of the 4th respondent. Simultaneously the petitioner also filed WP No.l 8872 of 1998 to direct the respondents to follow the tender conditions strictly while finalising the tenders in respect of Work Nos. 1, 2 and 3. Both the said writ petitions came up for admission on 8-7-1998. While ordering notice before admission this Court granted an interim direction in WP No.18871 of 1998 to maintain status quo as on that date with regard to the finalisation of the tenders. In WP No.18872 of 1998 also, while ordering notice before admission, this Court granted an interim direction to strictly adhere to the tender conditions in finalising the tenders pursuant to the tender notice dated 18-3-1998 pending further orders. Alleging violation and willful disobedience of the said interim orders, the petitioner has filed the two contempt cases C.C.Nos.908 and 909 of 1998 respectively. The petitioner has subsequently filed WP No.20349 of 1998 questioning the finalisation of the tenders in favour of the 4th respondent in respect of WorkNo.l, 2 and 3 also.