M/S New Hyderabad Medak Transport v. The Union Of India By The Secretary, Ministry Of Food And

HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION No.24146 of 2016 ORDER:

Vide the present petition, the petitioner seeks Mandamus declaring the action of respondent No.3 in not considering the Tender of the petitioner along with three others for appointment of Regular Contractor for handling and transportation of Food Grains and allied services at Central Ware House, Adoni, Kurnool District, pursuant to the Online e-Tendering under Two Bids System.

Learned counsel appearing on behalf of the petitioner submits that the petitioner participated in the Online e-Tender for appointment of Regular Contractor for handling and transportation of Food Grains and allied services at Central Ware House, Adoni, Kurnool District, on 7.7.2016 by filing eTender along with all necessary documents and fees. Accordingly, the petitioner obtained Demand Draft on 29.06.2016 in favour of the respondent No.3, but the same was not submitted before last date of submission of online Bid. Learned counsel for the respondents No.2 and 3 submits that as the petitioner could not submit the Demand Draft on or before Bid time, the application of the petitioner was not considered.

Learned counsel for the petitioner does not dispute whatever stated by respondents No 2 and 3.

If the facts of the case are such that till the last date of submission of Bids, the petitioner could not submit the D.D., I find no fault on the part of the respondents in not considering

application of the petitioner for appointment of Regular Contractor for handling and transportation of Food Grains and allied services at Central Ware House, Adoni, Kunool District. In view of the above, I find no merit in the instant writ petition and the same is accordingly dismissed. No costs. Pending miscellaneous petitions, if any, shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

Date :26-08-2016 Gvl