IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6365 of 2008 Between: Sri Shiridi Sai S.C S.T Labour Conract Co-Op Society rep,by its President B.Pullaiah, S/o.Chinna Subbaiah R/o.H.No.73 9th Ward Harijinapalem Markapur Prakasam Dist ..... PETITIONER AND The Commissioner Markapur Municipality, Markapur, Prakasam Dist .....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 a writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent in not accepting the cost of the Tender Scheduled and in not issuing the Tender Scheduled to the petitioner Society to enable the petitioner to participate in the Tender Scheduled on 26-03-2008 vide RC 1174/07/F1 dt.14-3-2008 of the Respondent and consequently direct the respondent to issue the Tender Schedule to the petitioner society by accepting cost of the Tender Schedule to the participate in the Tenders scheduled on 26-03-2008 and further direct the respondent to consider the Tenders of the petitioner society along with other societies. Counsel for the Petitioner : Sri P. Venkata Rao Counsel for the Respondent : Sri S.Nageswara Reddy The Court made the following O R D E R: Sri S. Nageswara Reddy, the learned Standing Counsel for the respondent takes notice and with his consent, the writ petition is taken up for final disposal at the stage of admission. The learned Standing Counsel submits that the writ petitioner was a former contractor with the respondent-Municipality and has committed default in complying with the terms and conditions of the grant and, therefore, the respondent had serious apprehension about the genuineness of the participation of the writ petitioner-society. So long as the penal action which can result in preventing the writ petitioner - society from participating by offering his bid, pursuant to the tender floated on 14th March 2008, is not taken, the respondent being a public authority, cannot prevent anyone much less the writ petitioner-society from participating therein. It is altogether a different thing, if the respondent has passed appropriate orders in accordance with law preventing the writ petitioner or anyone for that matter from participating in the bid process, but without doing so, by way of an administrative fiat, the respondent or its officials cannot prevent the writ petitioner from offering its bid or consideration of the same in accordance with law. Therefore, the respondent is directed to entertain the bid of the petitioner-society and deal with the same in accordance with law. With this, the writ petition stands disposed of, but however, without costs. The leaned Standing Counsel has undertaken to inform the respondent-Municipality about the order passed today. (NOOTY RAMAMOHANA RAO, J) 26th March 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}