IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 6773 of 2009 Between: Sridhar Pemmasani S/o. Rameshbabu R/o. D.No.2-13, Near Karshak Chit funds, A Colony Centre, VTPS, Ibrahimpatnam-521 456, Krishna District. ..... PETITIONER AND AP GENCO, rep. by its Chief Engineer / Civil / Thermal Vidyut Soudha, Hyderabad-500 082. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent in not issuing tender schedule to the petitioner pursuant to Tender Notice No. CCL 431/DrNTTPS/F-Removal of Ash/D>No.59/09 dated 17.2.2009 for the work of removal of ash deposits from the Sedimentation tank during the year 2009-10 at Dr NTTPS, Ibrahimpatnam, Krishna District without assigning any reasons and or returning the application of the petitioner along with EMD and cost of Tender Schedule as arbitrary, illegal, capricious and violative of all cannons of law and justice and fairplay and consequently set aside the said Tender. Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following : THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.6773 of 2009 ORDER: Heard the learned counsel for the petitioner and Sri K.Chidambaram, the learned standing counsel for A.P. GENCO. 2. In this Writ Petition the petitioner has questioned the action of the respondent in not issuing tender schedule to him pursuant to Tender Notice No. CCL 431/DrNTTPs/F-Removal of Ash/D.No.59/09 dated 17-02-2009. The respondent has issued tender notice, which was published on 17-02-2009, inviting the bids for removal of ash deposits from the sedimentation tank for the year 2009-2010 at DrNTTPs, Ibrahimpatnam. As per the tender notice, the last date for submission of applications was dated 12-03-2009 and the Tender schedules were to be issued between 16-03-2009 to 17-03-2009 and the date of opening tenders was fixed on 20-03-2009. In this case, though the petitioner has stated that he has applied, he did not indicate in the affidavit that on what date he applied and no proof of such application is also filed. As much as time for issuing tender schedule was expired by 17-03- 2009 and the tenders were already opened on 20-03-2009, if the petitioner is deprived of schedule without any valid reasons, it is open for the petitioner to seek appropriate common law remedy, but the same is not a reason to interfere with the tender proceedings at this stage. I do not find any merit in this Writ Petition to interfere with the tender process at this stage. The Writ Petition is devoid of merit. 3. The Writ Petition is accordingly dismissed. No order as to costs. ___________________ R.SUBHASH REDDY, J. 01st April, 2009. skmr