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High Court for State of TelanganaWP/43014/2016dismissed as infructuous

Concord Drugs Limited v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-01-17A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 43014 of 2016 Order:

This Writ Petition was filed for the following relief. "To issue a writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the respondents in closing the receipt of tenders on 07.12.2016 at 3.00 PM having extended the last date for receipt of tenders up to 15.12.2016 at 17.00 hours as illegal, improper, vitiated by arbitrariness, violative of Articles 14 and 19 of the Constitution of India besides being opposed the principles of natural justice and consequently direct the respondents to receive the tender documents of the petitioner for running of pharmacy at Nizam Institute of Medical Sciences, Main Road, Panjagutta, Hyderabad in pursuance of tender notification R.C.No.Plng/1/1115/2016/MS dated 10.11.2016." No interim order was granted when the matter was taken up for consideration on 09.12.2016.

Learned counsel appearing for the respondents 2 and 3 submits that the tender notice was issued on 12.11.2016 calling for tenders for the medical shops located in the premises of Nizam Institute of Medical Sciences, Hyderabad. A pre-bid meeting was held on 24.11.2016 and 12 interested parties participated in the pre-bid meeting. The respondents clarified the queries raised by the participants in the pre-bid meeting. On the basis of the queries, the respondents 2 and 3 felt it necessary to issue a Corrigendum to the notification published earlier and accordingly a Corrigendum was issued on 01.12.2016. As per the Corrigendum the last date for appearance of the Corrigendum is 15.12.2016, but the same was construed as an extension of date for acceptance of the tenders. As per the original last date of tenders, the tenders were opened and it was noticed that 10 tenders were filed by the interested persons. Later on, a technical evaluation committee evaluated the technical bids of the bidders and found 7 bids as eligible. The financial bids of the eligible bidders

were also opened. Learned counsel for the respondents 2 and 3 further submits that the licenses are issued to the successful bidders pursuant to the opening of the bids and nothing survives for consideration in the Writ Petition.

In view of the same, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 17.01.2017 Nsr