IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25743 of 2008 Between: P. Bhaskar Reddy, S/o. P. Mruthyunajaya Reddy, H.NO. 19-96/11, East Kalyanpuri, Uppal Kalan, Hyderabad. ..... PETITIONER AND 1 The Chief Engineer, Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Superitending Engineer - III, Greater Hyderabad Municipal Corporation, Hyderabad. .....RESPONDENTS 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 a Writ of Mandamus or any other appropriate order or orders declaring the illegal action of the respondents not accepting tender applications in connection with the Item No. 7 and 9 of Tender Notification No. 21/Se-III/WZ/GHMC/2008-09 dated 08-08-2008 and tender Notice No. NIT No. 33/SE-III N&W/GHMC/2008-09, dated 17-9-2008 as item No.1 without stating any reasons and at the same time accepting some other applications of the other contractors who stands on the same footing and rejecting without statutory permission is illegal arbitrary and violation of Article 14, 19 and 21 of the Constitution of India and tender Rules and Regulation and consequently direct the respondents to accept tender applications of the petitioner in connection with the three item of works notified on 8-8-2008 of the Item of Works No. 7 and 9 and Item No. 1 of the tender Notification dated 17-9-2008 and to allot in case of becoming successful bidder. Counsel for the Petitioner:MR.KOONA REDDY ANJI REDDY Counsel for the Respondents: SMT.KALPANA EKBOTE The Court made the following : ORDER: According to the petitioner, he is a special class and fully qualified contractor and has completed the works under roadwork category. The respondent Corporation has issued tender notification dated 08.08.2008 for laying of CC roads in Marchandanagar Poor Settlement under UCD funds, Serilingampally Circle-XI GHMC and in Premnagar Poor Settlement under UCD funds, Srilingampally circle-XI GHMC, and another tender notification dated 17.09.2008 for widening and laying of WBM and CC road from outpost police station to Junction at Gajularamaram road. As the petitioner is fully qualified, he offered those tenders duly enclosing all the required documents. One of the conditions, as per the tender Notifications, is that the petitioner shall offer solvency certificate. Accordingly, the Syndicate Bank, Lingampally Branch, Hyderabad issued a solvency certificate, dated 27.03.2008 to the petitioner, but the same was not accepted by the respondent Corporation for the reason that it is a conditional solvency certificate. Questioning the said action, the petitioner filed the present writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Corporation. Having considered the submissions made by the learned counsel on either side, this Court is thoroughly satisfied that the said rejection is totally justified. The solvency certificate was issued by the Syndicate Bank on 27.03.2008. Whereas the tender notifications were issued on 08.08.2008 and 17.09.2008. As the solvency certificate was issued prior to the date of tender notifications, in my considered view, the Corporation cannot act upon the said certificate. However, as the petitioner produced another solvency certificate, dated 15.11.2008, issued by the same Bank, to the effect that the petitioner is having credit facility with a higher limit of Rs.150 lakhs, the respondent Corporation is hereby directed to consider the said solvency certificate, when the tenders are opened and finalized. Accordingly, the Writ Petition is disposed of. No costs. __________________________ GOPALA KRISHNA TAMADA, J Date:26.11.2008 Note: Issue CC by wire at party’s costs. (Bo) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}