THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 28715 of 2011 ORDER: This Writ Petition is filed seeking a writ of mandamus declaring the action of the 1st respondent in issuing the impugned memo bearing No. 19110/I&PR.I/A1/2011-1, dated 04.07.2011, which was alleged to have been issued in pursuance of short tender notice No. 003782/S&D/RVM/2011, dated 07.05.2011 issued by the 2nd respondent as contrary to the tender notice and arbitrary and illegal. The brief facts, which are necessary for the purpose of disposal of the Writ Petition, are: The petitioner is a private limited company having a certificate of incorporation dated 24.12.2002 and is involved in the field of outdoor publicity for various government organizations. Whenever the Government of Andhra Pradesh desired to empanel outdoor publicity agencies, notices in the form of tenders were issued clearly indicating that the tender is for the purpose of empanelling the agencies. Accordingly, interested agencies were empanelled and the outdoor publicity was being awarded to the said agencies, including the petitioner. While so, the 2nd respondent issued a short tender notice dated 07.05.2011 for taking up the outdoor publicity work pertaining to Rajiv Vidya Mission. The nature of work proposed to be awarded to the successful tenderers was to organize kalajatha programmes like street play, puppet show, mimicry and other cultural forms in the State through mobile vans with own equipment like vehicle in good condition, lighting and sound system, artistes, technical assistants etc. Contrary to the terms of the tender notice, the 1st respondent, instead of awarding the proposed work to the qualified agencies, had issued the impugned memo dated 04.07.2011 whereby he sought to empanel the unofficial respondents, who are arrayed as Respondents 3,4 and 5. With the help of the impugned memo, the 1st respondent is trying to favour Respondents 3 to 5 not only with the publicity work pertaining to Rajiv Vidya Mission, but also the publicity work of the other State Government Departments. Learned counsel for the respondents stated that from the short tender notice published in Indian Express on 08.05.2011, it is clear that the eligible firms/agencies would be empanelled with the Department of Information and Public Relations, for a period of three years and therefore, the impugned memo is in tune with the conditions laid down in short tender notice and that the petitioner has not participated in the tendering process, hence, it is not entitled to challenge the same. The factual matrix is not in dispute. The respondents issued a tender notice inviting the firms/agencies to organize the film shows and kalajatha programmes like street play, puppet show, mimicry and other cultural forms through mobile vans on various schemes of Government Departments as and when required through I & PR Department. The Kalajatha programmes will be organized in Rural and Urban localities with cultural troupes with the help of Field Officers of this department. After calling for tenders, the respondents by virtue of the impugned proceedings, dated 04.07.2011 empanelled three agencies, namely Respondents 3 to 5 and the Secretary to the Government, directed the Commissioner for Information and Public Relations Department, to take further necessary action in the matter. For issuing a writ of mandamus, there must be an infringement of a known legal right. In the first instance, the petitioner has not participated in the process of tenders and therefore, no right of the petitioner is infringed. Furthermore, the bid document as well as the tender notification have to be read together in juxtaposition, for the purpose of ascertaining the true intention of the authority who issued the tender notification. There is no violation of the tender conditions because one of the conditions in the tender would clearly go to show that the authorities concerned can empanel the agencies for the purpose of achieving their object. Therefore, the question of issuing a mandamus does not arise. The Writ Petition is devoid of merit and it is accordingly, dismissed at the admission stage. No costs. --------------------- (K.C. BHANU, J) 28th October 2011 ksld