M/S Sai Krishna Chemicals, v. The State Of Telangana, Rep By Its Principle Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.29228 of 2015 O R D E R:

This writ petition is filed challenging the e-procurement tender dated 30.07.2015 wherein the bidders were asked to produce certificate of authorisation for both 100 kg cylinders and 900 kg cylinders from manufacturer.

The case of the petitioner is that the 2nd respondent called for the tender for the work of maintenance of water supply in Nalgonda Municipality for the year 2015-16 and was asked to supply and deliver chlorine gas cylinder of net weight 900kgs. Therefore, the petitioner states that when the supply is for 900 kg cylinder, the question of asking for authorisation certificate for 100 kg cylinder has no rationale and does not serve any purpose. As such, the same is illegal, arbitrary and discriminatory in nature.

Learned counsel for the petitioner submits that the condition of producing authorisation certificate for 100 kg cylinder was introduced only for the sake of some of the bidders and to eliminate competition. It is only tailor made.

On the other hand, Sri N.Praveen Kumar, leaned Standing counsel for 2nd respondent on instructions submits that the respondent authorities are not insisting for authorisation certificate of 100 kg cylinder, since the supply is for 900kg cylinder. Even otherwise, insisting authorisation for 100 kg cylinder does not serve any purpose. In view of the above, the respondent authorities are directed to process the tenders submitted by the petitioners without insisting for authorisation certificate for 100 kg cylinder. With the above direction, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions pending if any, shall stand closed.

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A.RAJASHEKER REDDY,J Date: 11.09.2015 dv