M.RAMA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned Government Pleader for Roads and Buildings.

(2.) Facts as averred in the affidavit filed in support of the writ petition disclose that on 7.11.2019 tender notice was issued calling for bids to undertake the work of forming diversion road to Kalyanikhani open cast mine on Kasipet-Manikpur road for a distance of 6 Kms. The estimated cost of the work is shown as Rs.22 crores. The work is to be executed in 12 months. Last date for submission of bids was 2.12.2019. Petitioner is aggrieved by the tender conditions requiring the bidder to own machinery to undertake the work of laying the road and not allowing joint ventures to bid for the work. Petitioner claims to have made representation on 24.11.2019 against those conditions. Petitioner alleges inaction in considering his objections and not extending the last date as arbitrary and discriminatory. Petitioner, seeks mandamus against inclusion of clause to own the machinery and not allowing joint ventures as arbitrary, illegal and unconstitutional.

(3.) Learned counsel for petitioner contended that in Clause 13 (g) of the tender notification, bidder is required to own 7 items and complying with said requirement is not possible to many contractors; that such condition is never imposed in earlier tender notifications; is without power and competence of the Superintending Engineer (R & B) and said conditions are tailor made to favour a contractor. He placed reliance on G.O.Rt.No. 300 Transport, Road & Buildings (R.1) Department dated 28.5.2018. He would further submit that all other departments allow joint venture units/firms/companies to participate in the tenders but illegally that facility is not extended in this tender notification.