LAWS(TLNG)-2022-3-208

VENKATA SRISAI INDUSTRIES Vs. TELANGANA MEDICAL SERVICES

Decided On March 02, 2022
Venkata Srisai Industries Appellant
V/S
Telangana Medical Services Respondents

JUDGEMENT

(1.) Assailing the action of the respondents in not receiving the finished produces as per the purchase order No.10226.01/2K20-Q1/EPICovid/9870 (10282001031) dtd. 7/4/2020 placed by respondent No.1 to the petitioner and also for inviting fresh tenders for supply of the same goods as mentioned in the said purchase order i.e. for supply of 5 lakh sterilized disposable bed sheets and 5 lakh sterilized disposable pillow covers, without issuing any notice to the petitioner, as illegal and arbitrary, the present Writ Petition is filed.

(2.) Heard the learned counsel for the petitioner, learned Government Pleader for Medical and Heard for respondent No.2, Sri P. Kishore Rao, learned Standing Counsel for respondent No.1 Corporation, and Sri Vedula Srinivas, learned counsel for the unofficial respondents.

(3.) Learned counsel for the petitioner has stated that initially the petitioner was the successful bidder for supply of 5 lakh sterilized disposable bed sheets and 5 lakh sterilized disposable pillow covers and the purchase order dtd. 7/4/2020 has also been placed by respondent No.1 and the total value of the consignment is Rs.3,20,00,000.00. After receiving the purchase order, the petitioner by incurring huge expenditure has purchased the raw material required for production of the required quantity of bed sheets and pillow covers and has supplied one lakh sets. It is the grievance of the petitioner that in spite of the requests being made by the petitioner for issuing delivery schedule, the authorities have not responded to the said requests and issued fresh tender notification. Learned counsel has further stated when the contract awarded to the petitioner is still in subsistence, the action of the respondents in issuing fresh tender notification cannot be countenanced and the same is against the basic principle of nature justice, equity and also the settled law and that the official respondents instead of acting in a fair, transparent and unbiased manner have issued a fresh tender notification causing huge loss to the petitioner herein.