LAWS(APH)-1999-7-175

B SIVA PRASAD Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On July 08, 1999
B.SIVA PRASAD Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard Sri O.Manohar Reddy, learned Counsel appearing for the petitioner, and Sri B. Prakash Reddy, Additional Advocate-General appearing for the Slate of Andhra Pradesh. Both the Counsels have requested for disposal of writ petition itself. Accordingly, the main writ itself is taken up for hearing and disposal.

(2.) The petitioner seeks to issue a Writ of Mandamus declaring the action of the respondent in recommending the three items of work of his choice out of 9 items of work for which the petitioner is the lowest tenderer in the tender notification dated 8-1-1999 in Bid.No.3/ NCB/APEP, without affording an opportunity to the petitioner, as illegal and arbitrary and to direct the respondent to recommend three works i.e., Item Nos.47, 56 and 57 of the tender notice dated 8-1-1999 as mentioned in the representation dated 22-3-1999 and pass such further orders.

(3.) The petitioner filed WP MP No.8068 of 1999 to stay ail further proceedings pursuant to the tender notice dated S-i-1999 or in the alternative direct the respondent to recommend the three items of work i.e. 47, 56 and 57 of the tender notice dated 8-1-1999. This Court, by order dated 20-4-1999 granted interim direction as there was no representation on behalf of the respondent when the matter came up for admission on 31-3-1999 and 20-4-1999. The State filed Vacate Stay Petition in WVMP No.1710 of 1999 to vacate the said interim order dated 20-4-1999.