HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.37852 of 2014 Date:09.12.2014 Between:
M/s Laxmi Electrical Works, Nalgonda, reptd by its Proprietor- K.Prudvidhar Reddy . Petitioner And:
The Telangana State Southern Power Distribution Company Limited, reptd by its Chairman and Managing Director and two others.
. Respondents Counsel for the Petitioner: Sri K.Rathanga Pani Reddy Counsel for the Respondents: Sri O.Manoher Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside tender notification No.04/14-15 & 03/14-15 (extn), dated 29.11.2014, for Manning (operation and maintenance) of the specified 33/11 KV sub-stations on work contract basis in Nalgonda circle for the period from January 2015 to March 2017, issued by cancelling the earlier tender notification for the said work.
In response to a tender notice published on 27.08.2014 by respondent No.2, the petitioner has submitted its tenders for certain works. With respect to Item No.2 of the works mentioned in the said notification, the petitioner has quoted administrative and supervision charges at 14.95% of the basic wages excluding EPG, ESI and VDA. The respondents have cancelled the said tender notification with respect to some items of works including item No.2, for which the petitioner has emerged as the lowest tenderer. Assailing the said action, the petitioner has filed Writ Petition No.34904 of 2014.
This Court ordered notice before admission on 18.11.2014 in Writ Petition No.34904 of 2014, while not granting ad-interim order in the Miscellaneous Petition filed by the petitioner for stay of all further proceedings in pursuance of cancellation of the tender notification. Thereafter, the respondents have issued the impugned notification for two items, of which item No.2 pertains to the same work which was the subject matter of Writ Petition No.34904 of 2014.
I have heard Sri K.Rathanga Pani Reddy, learned counsel for the petitioner and Sri O.Manoher Reddy, learned Standing Counsel for respondent No.1.
The impugned notification is a necessary consequence of cancellation of tender with respect to item No.2 of the previous tender notification. The action of cancellation of tender notification was the subject matter of Writ Petition No.34904 of 2014. Though the petitioner sought stay of all further proceedings, which necessarily includes issue of fresh tender notification, this Court was not convinced to grant an ad-interim order. In the absence of such an order, the respondents cannot be found fault with for proceeding with the fresh tender notification though the issue is subjudice.
Viewed from this perception, I am of the opinion that a substantive Writ Petition seeking questioning of the fresh tender notification is not maintainable. If the petitioner succeeds in Writ Petition No.34904 of 2014, the impugned notification, which is consequential to cancellation of earlier tender notification, will also be set at naught. At the most, the petitioner can seek appropriate amendment to Writ Petition No.34904 of 2014 for seeking consequential relief of nullifying the further action in pursuance of the fresh tender notification.
In this view of the matter, the Writ Petition is dismissed, without prejudice to the right of the petitioner to pursue Writ Petition No.34904 of 2014 and with the observation that any steps taken in pursuance of the fresh tender notification shall be subject to the outcome of the said Writ Petition.
As a sequel, W.P.M.P.No.47350 of 2014 is dismissed as infructuous.
09th December 2014 DR
JUSTICE C.V.NAGARJUNA REDDY