HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI C.R.P. No. 3415 OF 2010 Friday, the Seventeenth day of September, Two Thousand and Ten Between M/s. Andhra Pradesh Junior Doctors Association, Gandhi Medical College Unit, Secunderabad, Rep. By its President Dr. Md. Imran and others Petitioners AND T.Rajender and others Respondents ORAL ORDER: This Civil Revision Petition under Article 227 of Constitution of India is filed by the petitioners in IA No. 510 of 2010 assailing the order dated 9.7.2010 passed by the learned X Junior Civil Judge, City Civil Court, Hyderabad, dismissing the petition filed under Order I Rule 10 CPC seeking to implead them as defendants 3 to 5 in O.S. No.565 of 2010. The first respondent herein filed the above suit against the respondents 2 and 3 assailing the proceedings dated 13.4.2010 in Rc.No.HDS/GHS/2010/1569, by which the contract awarded in his favour for supply of patients’ diet from canteen and for supply of food to the Duty Doctors was cancelled before expiry of the term, contrary to the agreement entered by him with the respondents for ten years commencing from 1.4.2003 to 31.3.2013. The case of the petitioners herein is that though they had been constantly making representations with regard to the poor quality of the food and improper maintenance of mess at the Gandhi Hospital, which is 1200 – 1300 bedded hospital, by the first respondent herein, but no action had been taken. It is also their case that ignoring the directions from the Government of Andhra Pradesh, the second respondent is continuing the first respondent as the contractor, though he is supplying substandard food prepared in unhygienic conditions. It is stated that after several representations, the second respondent passed order dated 7.4.2010 cancelling the contract with immediate effect in culmination of enquiry by a Committee, but ordered his continuation till alternative arrangement is made. It is stated that the contractor - first respondent herein had filed the suit without impleading the petitioner Association and obtained exparte status quo order. Hence, they filed the above applications seeking to implead them as defendants 3 to 5 in the suit and respondents 3 to 5 in the interlocutory application, as they are necessary and proper parties to the suit and the interlocutory application. The Court below dismissed the applications by the order impugned herein observing that the petitioners having invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution by a filing writ petition, have ventilated their grievance; whereas the first respondent filed the suit against the cancellation of his contract before expiry of the term by the second respondent herein. It is further observed that the contractor – first respondent may not have any grievance against the petitioners herein. In that premise, dismissed the petition holding that the petitioners are not necessary parties to the suit. Aggrieved thereby, the present Civil Revision Petition is filed. It is not in dispute that the first petitioner Association filed W.P. No.12837 of 2010. It is also not in dispute that the petitioners are not parties to the agreement dated 10.3.2003 entered into between the first respondent and the respondents 2 and 3 herein. As observed by the court below, on the representations made by the petitioners, there was an enquiry conducted wherein the petitioners were also heard, but the Enquiry Committed never recommended for the cancellation of the contract of the first respondent. However, the contract was cancelled and with a view that no inconvenience is caused to the patients and doctors, till the tender is finalized, the first respondent was asked to continue. Having gone through the entire material available on record, I do not see any illegality or irregularity in the order impugned. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ________________________ Justice T. Meena Kumari September 17, 2010 MAS