M/S. Krishna Constructions v. State Of Telangana Rep By The Principal. Secretary

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.17720 OF 2017 ORDER:

Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Medical, Health and Family Welfare, and Ms.Rachana S.Waddepalli, learned Standing Counsel for R-4. With their consent, the Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition, under Article 226 of the Constitution of India, came to be filed with the following prayer: "...to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th respondents in not opening the financial bid submitted by the petitioner pursuant to Tender Notification No.1-1/IHFMS/JSBP/2016-17 dated 02.03.2017 in respect of Jayashanker Bhupalapally District for providing Integrated Hospital Facility Management Services along with other tenderers on 22.05.2017 as arbitrary, illegal and unjustified and in violation of the conditions of Tender Notification No.1-1/IHFMS/JSBP/2016-17 dated 02.03.2017 issued by Respondent No.4 and consequently direct the Respondent Nos.

3 and 4 to open the financial bid submitted by the petitioner pursuant to the said Tender Notification No.1-1/IHFMS/JSBP/2016-17 dated 02.03.2017 and further direct the respondent Nos.. 3 and .4 to Award the said contract in favour of the petitioner in case it is stood as Ll by declaring the action of respondent Nos.3 and 4 in treating the respondent No.5 as Ll as arbitrary, unjustified, illegal and in violation of tender conditions dated 02-03-2017."

CPK,J WP_17720_2017 3.

The main ground urged by the petitioner is that opening of the technical bid submitted by the petitioner is being postponed by the authorities concerned on one reason or the other. The petitioner is said to have made a representation to the District Collector, to consider and open the financial bid submitted by it and the same is still pending consideration. Hence, seeks a suitable direction for disposal of said representation. 4.

Learned Assistant Government Pleader submits that if the representation submitted by the petitioner is still pending consideration, the same may be directed to be dealt with in accordance with law.

5.

Having regard to the rival submissions made, the Writ Petition is disposed of directing the District Collector-3rd respondent to deal with the representation made by M/s.Krishna Constructions i.e. petitioner herein, if the same is still pending, and pass appropriate orders thereon, in accordance with law, as early as possible preferably within a period of ten (10) days from the date of receipt of a copy of this order, which shall be before finalization of the bids pursuant to notification dated 02.03.2017, if not already finalized. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:08.06.2017 INL