THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.11550 of 2009 ORDER: The respondents issued a notification, dated 31.05.2009, inviting tenders for award of contract of catering in a Social Welfare Hostel at Chityal, Warangal District. The petitioner and respondent No.4 submitted their tenders. The petitioner quoted Rs.1.09 ps. per candidate, in case the food is to be cooked through the medium of gas and Rs.1.05 ps., if it is by using firewood. The corresponding rates quoted by respondent No.4 were Rs.1.60 ps. and Rs.1.50 ps. respectively. The contract was awarded in favour of respondent No.4 at the rates quoted by the petitioner. This writ petition is filed questioning the action of respondent Nos. 1 to 3 in not awarding the contract in her favour. On behalf of respondent Nos. 1 to 3, counter-affidavit and additional counter-affidavit are filed. It is stated that though the petitioner quoted the lowest rates, the verification disclosed that her husband is working as a Warden in the Social Welfare Hostel in the immediate neighbourhood, namely at Parkal. Heard the learned counsel for the petitioner, the learned Additional Advocate General for respondent Nos.1 to 3 and the learned counsel for respondent No.4. It is a matter of record that the rates quoted by the petitioner are the lowest. The only ground on which she was denied the contract was that her husband is working as a Warden in the Social Welfare Hostel in the neighbouring Mandal. Whether or not such a ground constitutes the basis for denial of a contract to a lowest tenderer, needs to be decided in an appropriate case. This Court is of the view that the necessity to deal with such a question is obviated on account of the fact that respondent No.4 has already commenced the execution of the contract and substantial part of the contract is over. Hence, the writ petition is dismissed, leaving the question open. Respondent Nos. 1 to 3 shall refund the deposits made by the petitioner, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt: 12.11.2009 kdl