HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.21514 of 2007
Date: October 07, 2014
Between:
M/s. Arvind Engineering Co. represented by its Managing Partner A.K.Goel.
… Petitioner And Nizamabad Municipal Corporation, Rep. by its Commissioner, Nizamabad.
… Respondent * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.21514 of 2007
O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for the respondent.
2. The respondent issued a tender notice on 13/20.09.2007 inviting sealed tenders for supply of electrical materials for maintenance of street lights from the municipal contractors/manufacturers/dealers of ISI standard company. The petitioner is an authorized sub-dealer of Crompton Greaves and is eligible to apply as per the impugned tender notice. He applied for issue of application by sending a letter by registered post on 27.09.2007 and the same was received by the respondent on 29.07.2007. The petitioner approached the respondent on 08.10.2007 for issuance of tender schedule. But the respondent refused to issue tender schedule on the ground that the petitioner has not paid EMD along with the application. Challenging the same, the present writ petition was filed.
3. The learned standing counsel for the respondent submits that it is one of the conditions for issuance of tender schedule that EMD amount had to be paid along with application for tender schedules @ 1% of estimate contract value in favour of the Municipal Commissioner, Nizamabad Municipal Corporation, apart from cost of tender schedules of Rs.500/-. Since the petitioner did not comply with the said clause, the tender schedule was not issued to him.
4. In view of the non-compliance of the conditions of the tender, the action of the respondent in not issuing tender schedule cannot be held illegal. Admittedly, the petitioner did not pay the EMD amount of 1% of estimate contract value along with application for tender schedule.
5. In view of the same, this writ petition is devoid of merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: October 07, 2014 BSB 4 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.21514 of 2007
Date: October 07, 2014
BSB