THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No.28244 of 2010 Date of Order: 19-01-2012 Between: M/s.Esso Lifts ..Petitioner and 1.Govt. of A.P. rep. By its Secretary, Secretariat, Hyderabad and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No.28244 of 2010 Oral order: The petitioner is aggrieved by the action of the 2nd respondent in imposing restrictive conditions in Clause No.1 (4) of Tender Vide No. NIT No.126/AEE1/SE/R&B/ELEC/HYD/2010-2011, dated 17-09-2010. In the affidavit, it is averred that the petitioner—Firm is engaged in the business of manufacture, supply and installation of Elevators and Lifts. It executed several projects with the State Government, Central Government and also in Corporate Sector. It is also averred that the 2nd respondent issued the impugned Tender Bid Notice for supply, transportation and commissioning of two passenger lifts in the newly proposed independent Court Complex for City Civil Court, Puranihaveli, Hyderabad. The grievance of the petitioner is that by imposing Clause 1(4) in the Tender notice by the 2nd respondent, the petitioner is precluded to participate in the tender process. A counter affidavit has been filed by the respondents wherein it has been stated that tender was opened on 01-10-2010 and found that no bidder has participated. Hence, the tender was recalled with NIT No.135 dated 05-10-2010. The technical bid was opened on 20-10-2010; found M/s.Schindler India Private Limited and M/s.Kone Elevators Private Limited have participated. The work order was also issued to lower tender—M/s.Schindler India Private Limited. Subsequently the erection and commissioning of lifts work completed in all respects and the building also put to function after inauguration of buildings by Hon’ble Chief Justice and accordingly the Chief Judge, City Small Causes Court, Hyderabad vide Dis.No.1181/2011/Admn., dated 18-04-2011 has issued order for office subordinate and process servers for undergoing lift operation process. Learned counsel for the petitioner submits that the 2nd respondent selecting only Kone/OTIS/Johnson/Schindler lift manufacturers is arbitrary and discriminatory and the petitioner may be permitted to participate in the tender. Learned counsel for the respondents submits that as the tender has already been awarded to M/s.Schindler India Private Limited, as it fulfilled tender conditions, nothing survives in the writ petition. In view of the above, the writ petition fails and it is accordingly dismissed. No costs. ___________________ ASHUTOSH MOHUNTA, J. 19-01-2012 Murthy