A VENUGOPAL Vs. NELLORE MUNICIPALITY

JUDGEMENT

(1.) This judgment will dispose of the above three writ petitions asthey are inter-connected. Sri A. Venugopal, a registered contractor with the Nellore Municipal Council is the petitioner in W.P. Nos. 1485/89 and 4491/89. He claims that he has been doing contract works in Nellore town and bis name has been included in the list of contractors registered with the Municipal Council of Nellore. A tender notice was issued on 23-12-1988 by the Commissioner, Nellore Municipal Council inviting tenders for certain works. The last date for issue of tender schedules was 27-1-1989 and tenders were required to be submitted before 3-00 P.M. on 4-2-1989. When he applied for tender schedules in respect of certain items, his application was rejected on 27-1-1989. On enquiry, he came to know that, as his name was deleted from the list of contractors, he was not supplied with the tender schedules. He contends that the deletion of his name from the list of registered contractors is arbitrary and un-constitutional being violative of Articles 14 and 19 (1)(g) of the Constitution of India.

(2.) An interim order was passed by me on 3-2-1989 directing theMunicipal Commissioner, Nellore Municipal Council to issue tender schedules to the petitioner "if he is a subsisting registered contractor, otherwise not". It is represented that although, in the first instance, the tender schedules were issued to the petitioner, later on he was not permitted to submit the tenders on the ground that he was not a subsisting contractor.

(3.) He, therefore, filed W.P. No, 4491/89. It is contended by thepetitioner in this writ petition that the Commissioner of the Municipal Council is taking the stand that only those contractors who renewed their registration with the Municipal Council alone are entitled to submit tender schedules and this action is clearly violative of the Statutory Rules. He is therefore, seeking a declaration that the aforesaid action on the part of the Municipal Commissioner is violative of principles of natural justice and contrary to the provisions of the A.P. Municipalities Act and the Rules framed thereunder.