THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30566 of 2014 Dated : 17.10.2014 Between:
M/s.K. Venkata Raju Rep., by its Managing Partner, K.Srinivas S/o.K.Venkata Raju, Aged about 35 yrs, Vemagiri Village, Kadiyam Mandal, East Godavari District .. Petitioner And The Union of India, rep., by Secretary, Rail Bhavan, New Delhi & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30566 of 2014 ORDER :
This writ petition is instituted challenging the communication given to the petitioner which contains the minutes of meeting of Tender Committee and acceptance of the said minutes by the competent authority. One of the recommendations made by the Committee was for banning of business of the petitioner.
On instructions, learned Standing Counsel submits that it is only recommendation of the Tender Committee which is accepted by the competent authority. As a consequence to such acceptance of recommendations, for the purpose of black listing a contractor a detailed procedure is envisaged and the process has not yet been initiated. That the respondent Railways shall follow the procedure envisaged before passing orders to black list the petitioner. She therefore contends that the writ petition is premature and is not maintainable and there is no cause of action to institute this writ petition.
Having regard to the said submission made by the learned Standing Counsel that Railways require to follow a detailed procedure with reference to the black listing of the petitioner and that so far such process is not initiated, the writ petition is premature and is accordingly dismissed. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand dismissed.
P.NAVEEN RAO, J Date : 17.10.2014 Rds