Bhagyanagar Nirmal Lorry Owners Welfare Association v. The Telangana Civil Supplies Corporation Ltd.

[ 321e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction) TUESDAY, THE THIRry FIRST DAY OF DECETUBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 28887 OF 2024 Between:

Bhagyanagar Nirmal Lorry Owners Welfare Association, Rep by Madhu Sudhan, R/o. 7-3-86/6, Bhagya Nagar, Back side of Ha Nirmal, 504106, Nirmal District.

its President A.

numan Temple, ...PETITIONER AND

1. The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/4 Civil Supplies Bhavan Somajiguda Hyderabad Rep by its Chairman and Managing Director.

2. The Additional Collector and EOED, Telangana State Civil Supplies Corporation Limited District Office Room No 219 and 220 2nd Floor Collectorate lntegrated District Offices Complex IDOC Nirmal 504106 Telangana.

3. The District Manager, Telangana State Civil Supplies Corporation Limited, District Office, Room No. 219 and 22O, 2nd Floor, Collectorate, lntegrated District Offices Complex (IDOC), Nirmal-504106, Telangana.

4. The Food Corporation of India, 1620 Barakhamba Lane NewDelhil10001 Rep by its Chaiman and Managing Director.

5. The General Manager Regional, Regional Office Food Corporation of lndia 3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.

6. Nirmal Lorry Owners Welfare Society, Rep by its President Mohammed Abud S/o Md Osman, Aged 47 years Occ Business Fl/o H.No. 15-12-29811, Gajulpet, Nirmal, Nirmal District T S 504106.

7. The State of Telangana, Rep by its Principal Secretary Civil Department Secretariat Saifabad Hyderabad.

Supplies

8. The Union of lndia, Ministry of Consumer Affairs Food and PubliclDistribution Rep by its Secretary Krishi Bhavan New Delhi 1 10 001 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Civil Supplies Corporation in accepting the invalid technical bid of 6th Respondent and taking steps to appoint the 6th Respondent as the Transport Contractor for Nirmal Sector of Nirmal District under Short e-Tender Notice bearing , Lr.No. Mktg/10/Paddy -and. Gunny Trans./KMS 2024-25, dated 23-09-2024 as illegal, unjust, arbitrary, discriminatory, vitiated by malafides, suffers from lack of jurisdiction and violative of the principles of natural justice and also contrary to the Tender Notice dated 23.-09-2024 and consequently direct the Respondent Civil Supplies Corporation to reject the tender of the 6th Respondent and to appoint the Petitioner as the transport contractor for Nirmal Sector, Nirmal District under the Tender Notice dated 23-09-2024.

lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of the Short e-Tender Notice bearing Lr.No.Mktg/1O/Paddy and Gunny Trans./Kl\AS 2024-25 dt.23.9.2024 to the extent of Nirmal Sector of Nirmal District, pending disposal of the above writ petition. lA NO: 2 OF 2024 Between Nirmal Lorry Owners Welfare Society, Rep by its President Mohammed Abud S/o Md Osman, Aged 47 years Occ Business Rt/o H.No. 15-12-29811 , Gatulpet, Nirmal, Nirmal District T S 504106.

...PETITIONER/RESPONDENT No.6 AND Bhagyanagar Nirmal Lorry Owners Welfare Association, Rep by its President A. Madhu Sudhan, R/o. 7-3-86/6, Bhagya Nagar, Back side of Hanuman Temple, Nirmal, 504106, Nirmal District.

...RESPONDENT/WRIT PE?INOruCR The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/A Civil Supplies Bhavan Somajiguda Hyderabad Rep by its Chairman and Managing Director.

J The Additional Collector and EOED, Telangana State Corporation Limited District Office Room No 219 and Collectorate lntegrated District Offices Complex IDOC Telangana.

]fe Dis(1gt Manager, Telangana State Civil Supplies Corporation Limited, District Office, Room No. 2JQ and 22O, 2nd Flobi, Cottectbrate, lntegrated DistrictofficesComplex(lDoC),Nirmal-504106,Telingana. Civil Supplies 220 2nd Floor Nirmal 504106 The Food.Corporation of lndia, 1620 Barakhamba Lane NewDelhill O.b0l Rep by its Chaiman and Managing Director.

The_General_Manager Regional, Regional Office Food Corporation of lndia 3rd Floor HACA Bhavan Public Gardehs Road Hyderabad 50OOO4. The State of Telangana, Rep by its Principal Secretary Civil Supplies Department Secretariat SaifabaiJ Hiderabad.

I The Union of lndia, Ministry of Consumer Affairs Food and Public Distribution Rep by its Secretary Krishi Bhavan New Delhi 1 10 001 ...RESPONDENTS/RESPONDENTS Petition under Section 'l 5'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated '18-10-2024 passed in W.p. No. 28887 of 2024 and Subsequently extended ill 11-11-2024.

lA NO: 3 OF 2024 Between:

The Dis_lrict Manager, Telangana State Civil Supplies Corporation Limited, District Office, Room No. 219 and 220,2nd Floor, Colldctorate, lntegrated District Offices Complex (l DOC), Nirmal-504'l 06, Telangana.

...PETITIONERYRESPONDENT No.3 AND 1 . Bhagyanagqr Nirmal Lorry Owners Welfare Association, Rep by its President A. Madhu Sudhan, Fl/o. 7-3-86/6, Bhagya Nagar, Back Side of Hanuman Temple, Nirmal, 504'106, Nirmal District.

...RESPONOENT/PETITION ER

2. The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/A Civil 9ypplies Bhavan Somajiguda Hyderabad Rep by its Chairman an{ Managing Director.

The Additional Collector and EOED, Telangana Corporation Limited District Office Room No 219 Collectorate lntegrated District Offices Complex Telangana.

State Civil Supplies and 220 2nd Floor IDOC Nirmal 504106 The Food Corporation of lndia, 1620 Barakhamba Lane NewDelhil10001 Rep by its Chaiman and Managing Director.

5. The General Manager Regional, Regional Office Food Corporation of lndia 3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.

6. Nirmal Lorry Owners Welfare Society, Rep by its President Mohammed Abud S/o Md O3man, Aged 47 years Occ Business Rl/o H.No. 15-12-29811 , Gajulpet, Nirmal, Nirmal District T S 504106.

7. The State of Telangana, Rep by its Principal Secretary Civil Supplies Department Secretariat Saifabad Hyderabad.

B. The Union of lndia, tr/inistry of Consumer Affairs Food and Public Diskibution Rep by its Secretary Krishi Bhavan New Delhi 'l 10 001 ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated : 'lB-10-2024 passed in l.A. No. 1 of 2024inWP No. 28887 of 2024 and as extended from time to time. for the Petitioner : SRI K.SHASHIDAR GOUD Counsel Respondent No.1,2&7: GP FOR CIVIL SUPPLIES for the Counsel Respondent No.3 : M/s.T.P.ACHARYA for the Counsel Respondent No.4&5 : SRI PUNDLA BHASKARA MOHAN, SC FOR FCI for the Counsel Respondent No.6 : SRI JELLA SRIKANTH for the Counsel Counsel for the Respondent No.8 : SRI GADI PRAVEEN KUMAR, DY.SOL.GENERAL The Court made the following: ORDER ,

& /+ THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 28aa7 0F 2024 ORDER:

In this writ petition, the petitioner is challenging the action of the respondents in accepting the technical bid of respondent No.6 and taking steps to appoint the respondent No.6 as the Tralsport Contractor for Nirmal Sector of Nirmal District under short e-Tender Notice dated 23.09.2024 for transportation of paddy and gunny bags and to pass such other order or orders in the interest ofjustice.

2.

Learned counsel for the petitioner submitted that objections with regard to the the petitioner has raised several documents submitted by the respondent No.6, but the not taken the same into respondents No.2 to 5 have finalize the tender with the consideration and are trying to respondent No.6.

3.

Learned Standing Counsel for Corporation, however, submitted that initially a short e-tender notice was issued and when it was found that all the tenderers were disqualified, the said tender was cancelled and a fresh terider +otice was issued and the respondent No.6 has been found to

I o TMD,J W.P,No. 2aa87 oJ 2024 :t.

be the L1 tenderer and the writ petitioner as L2 tenderer. It is submitted that jn the tenders submitted pursuant to the, second tender also certitin defects were found in all the tenders and all the participants had accepted to overlook such objections and have given zrn undertating that they have no objection for opening of the hnalcial bids and only thereafter, finance bid has been openerl and the respondent No.6 has been found to be the successful bidder. It is submitted that after the respondent No.6 has ber:n found to be the successful bidder, the writ I petitioner has raised the objections by way of an e_rnail on O4.7O.2O24. [{e r so referred to the time therein to demonstrate that the objections have been raised at 6.30 p.m., i.e ., after opening of the hnancial bid which cannot be entertained. 4.

krarred counsel for the respondent No.6 aisc, filed a counter afficlavit and submitted that the respondent No.6 has furnished a1l the relevant documents and that, it being L 1 tenderer, is eligible to be awarded the contract. This Court, by way of interim order dated .J.

:

had directed the respondents not to hnalize the 78.tO.2024, tender.

T&D,J w.P.I{o. 28aa7 ol 2024 6.

After hearing all the parties and also going through tJle relevant material, this Court hnds that the objections of the petitioner -about the constitulion of membership of tfie petitioner's society have to be considered by the respondent ,I :

authorities as they go to the root of matter. As regards the objections about the hired vehicles ald agreementsifor such vehicles, the oflicial respondents have frled the copies of the agreements before this Court and the learned counsel for the petitioner has not been able to point out any defects with regard to such agreements. Therefore, the only objection is with regard to the constitution of membership of respondent No.6 societ5r and the documents filed by the respondent No.6. Therefore, this Court deems it fit and proper to direct the respondent No.2 to look into the objections of the petitioner with regard to the constitution of membership of the society and also whether the vehicles shown as own vehicles are in respect of the members of the societ5r and thereafter , fiia7izr-. the tender in accordalce with the tender conditions. The entire process shal1 be completed within a period of one (1) week from the date of receipt of a copy of this order.

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7 .

Accordingly, this writ petition is disposed of. There shall be no order as to costs.

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i TMD,J w.P.No. 2aag? of 2024 8.

Miscr:lianeous petitions, if any, pending in this writ I petition, shall stand closed.

SD/-P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// l-'

SECTION OFFICER To,

1. The Chairman and l\/anaging Director, Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/A Civil Supplies Bhavan Somajiguda Hvderabad.

2. The Additional Collector and EOED, Telangana State Civil Supplies Corporation Limited District Office Room No 219 and 220 2nd Floor Collectorate lntegrated District Offices Complex IDOC Nirmal 504106 Telangana.

3. The District Manager, Telangana State Civil Supplies Corporation Limited, District Office, Room No. 219 and 22O, 2nd Floor, Collecto'ate, lntegrated District Offices Complex (IDOC), Nirmal-504106, Telangana.

4. The Food Corporation of lndia, 1620 Barakhamba Lane NewDelhil1000'l Rep by its Chaiman and Managing Director.

5. The General Manager Regional, Regional Office Food Corporation of lndia 3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.

6. The Principal Secretary Civil Supplies Department State of Telangana, Secretariat Saifabad Hyderabad.

7. The Secretary, Union of lndia, Ministry of Consumer Affairs Food and Public Distribution Krishi Bhavan New Delhi 110 001

8. One CC to SRI K.SHASHIDAR GOUD, Advocate. [OPUC]

9. One CC to SR1 GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia), High Court for the State of Telangana at Hyderabad. [OPUC] I i 10.Two CCs to GP FOR CIVIL SUPPLIES, High Cou( for the State of Telangana at Hyderabad. [OLIT] 1 1. One CC to SRI PLINDLA BHASKARA MOHAN, SC FOR FCl. [OPUCI 12.One CC to SRI T.P.ACHARYA, Advocate. [OPUC]

13. One CC to SRI JELLA SRIKANTH, Advocate. [OPUC] :

14.Two CD Copies.

BSK q BSK

I I . (, I HIGH COURT DATED:31 11212024 CC TODAY 'a:::= _< ar.- "-\- ,/ ..

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ORDER

WP.No.28887 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t \d"r W 3\