UNION QUALITY PLASTICS LTD. Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking to declare the action of the respondent No.2 in cancelling the purchase order through the letter dated 04.04.2020 and forfeiting the EMD during the pandemic Covid-19 and confirming the same by the letter dated 16.11.2020, as illegal and arbitrary.

(2.) Heard the learned counsel for the petitioner, the learned Government Pleader for Agriculture for respondent No.1, and the learned Standing Counsel for TS AGRO, for respondent No.2.

(3.) The case of the petitioner, in brief, is that on 18.03.2020, the respondent No.2 issued open e-Tenders for supply of HDPE Tarpaulins to Agricultural Marketing Committees of the Department of Marketing in all the Districts of Telangana State. Petitioner has submitted his bid along with all required documents and EMD. In the meanwhile, the lock down was imposed due to Covid-19 situation. On 02.04.2020, the respondent No.2 had opened the price bids and declared the petitioner as L1 bidder and purchase order was also placed on the day, in a hurried manner, without obtaining the written consent and agreement of the petitioner's Company before placing the purchase order. Immediately, on the next day itself, the petitioner submitted a representation dated 03.04.2020 to respondent No.2 to arrange concerned departmental permissions for manufacture and supply of HDPE Tarpaulins, in view of lock down. On 04.04.2020 the petitioner personally approached respondent No.2 renewing his request. However, on the same day, the respondent No.2 took unilateral decision of cancelling the purchase order and also forfeiting the EMD of the petitioner. On 07.11.2020 the petitioner submitted a representation seeking to refund the EMD amount and the same was rejected by respondent No.2 vide order dated 16.11.2020. Aggrieved by the same, the present writ petition is filed.