M/S. VAISHNAVI ENTERPRISES Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In both these Writ Petitions, the petitioners have responded to the short e-tender notice dt.16/10/2024 issued by the 2nd respondent, by submitting their technical as well as financial bids. The 5th respondent also has participated in the same. The technical bids were opened on 26/10/2024 and thereafter, the financial bids were to be opened on 28/10/2024. However, on 28/10/2024, the official respondents did not open the financial bids of the petitioners, but have declared that only the 5th respondent is the successful tenderer and also initiated negotiations with the 5th respondent. According to the petitioners, the petitioner in W.P.No.30561 of 2024 is L-1 bidder and the petitioner in W.P.No.30986 of 2024 is L-2 bidder and without considering their bids which are lower than the bid of the 5th respondent, the official respondents are trying to award the contract in favour of the 5th W.P.Nos.30561 and 30986 of 2024 respondent. Challenging the same, the present Writ Petitions have been filed.

(2.) Learned counsel for the petitioners submitted that the petitioner in W.P.No.30561 of 2024, L-1 bidder, has quoted only 60% and the petitioner in W.P.No.30986 of 2024, L-2 bidder, has quoted 69%, whereas the 5th respondent has quoted 89% and therefore, is L-4 bidder and the person who quoted the lowest should have been considered for negotiations for the tender.

(3.) This Court, vide order dt.30/10/2024 in W.P.No.30561 of 2024 and order dt.6/11/2024 in W.P.No.30986 of 2024, had directed the respondents to maintain status quo as on the date of the order, i.e., not to finalize the tenders.