The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.30328 of 2014
Dated 10.10.2014
Between:
M/s.Orange Foods 664 Ayyappa/Society Madhapur, RR district, Rep. by its Proprietor Gurram Shiva Shankar And The Govt. of Telangana Rep. by Prl.Secretary, Tourism Dept., Hyderabad and 3 others …Petitioner …Respondents Counsel for the petitioner: Mr.Marupaka Praveen Kumar Counsel for respondent Nos.1 & 2: GP for Tourism The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 and 4, in not considering the lowest bid of the petitioner- Society in respect of contract of catering service in respondent No.4 – Institution, as illegal and arbitrary.
From a perusal of the averments made in the affidavit filed in support of this Writ Petition, it is evident that the tender process initiated by respondent Nos.2 and 3 has not yet been completed and that the contract work has not, so far, been awarded in any one’s favour. Therefore, the Writ Petition is not founded on any cause of action.
Mr.M.Praveen Kumar, learned Counsel for the petitioner, has stated that the petitioner is apprehending that respondent Nos.2 and 3 may not act transparently and accept the lowest bid. I am afraid I cannot accept this submission. The law presumes that every public authority respects the laws and the Constitution and that until contrary is proved, every official act is done in accordance with law. Therefore, there is no basis for the petitioner’s apprehension that respondent Nos.2 and 3 will not act transparently. It is only in the event that the tender process is completed and the petitioner- Society is aggrieved by any decision that may be taken in that process that it can avail appropriate legal remedies.
Subject to the above observations, the Writ Petition is dismissed.
As a sequel, WPMP.No.37908 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 10th October, 2014 LUR