The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.37419 of 2014
Dated 05.12.2014
Between:
K.Madhu Sekhar and 10 others And …Petitioners The Andhra Pradesh Southern Power Distribution Company Limited, rep. by its Chairman & Managing Director Chittoor District and 6 others.
…Respondents Counsel for the petitioners: Mr.C.Damodar Reddy Counsel for the respondents: ---
The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in awarding the works of carrying out operation and maintenance including watch and ward of 33/11 KV Sub-Stations in the operation circle of Kurnool District in favour of various contractors contrary to the tender conditions specified in tender notice No.02/2014-15, issued vide Proceeding No.SE/ O/ KNL/ T.SBE.I/ F/ D.No.902/14, dated 11-07-2014, as illegal and arbitrary.
The main grievance of the petitioners is that the respondents have violated the tender conditions in general and condition No.3 (c) of the terms and conditions of Tender Specification in particular, which pertains to mentioning of penal charges by each tenderer for the delay in attending to the assigned works, by awarding the contracts of maintenance of Sub-Stations to various third parties.
The petitioners have failed to implead the persons to whom the contracts have been awarded. Unless the persons, who are likely to be affected by the result of the Writ Petition, are impleaded, the Writ Petition is liable to be dismissed for non-joinder of necessary and proper parties. Though this Court has pointed out this lacuna in the Writ Petition, the learned Counsel for the petitioners submitted that it is not necessary for the petitioners to implead the persons in whose favour, the contracts have been awarded because so far the proceedings awarding the contracts to third parties have not been issued. I do not find any merit in this submission of the learned Counsel for the petitioners for the reason that the principal prayer in the Writ Petition is to declare the action of respondent No.3, in awarding the works of carrying out operation and maintenance including watch and ward of 33/11 KV Sub-Stations in favour of various contractors, as illegal and arbitrary. In the affidavit, filed in support of this Writ Petition, the petitioners have named the contractors to whom the works are stated to have been awarded. Merely because formal orders of award of contracts to third parties have not been issued, the petitioners cannot avoid impleading them as parties to this Writ Petition, as grant of any relief in this Writ Petition would adversely affect their interests.
For the above mentioned reasons, the Writ Petition is dismissed.
As a sequel, WPMP.No.46837 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 5th December, 2014
LUR