IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY THE TWENTY SIXTH DAY OF OCTOBER, TWO THOUSAND AND FOUR :PRESENT: THE HON'BLE MR. JUSTICE: A.GOPAL REDDY WRIT PETITION NO : 19577 of 2004 Between: MIC Electronics Limited, Having its Registered Office at A4, Electronics Complex, Kushaiguda, Hyderabad-500 062 Rep. by its Authorized Signatory and Director, Sri L.N. Malleshwara Rao, S/o. Late Radhakrishnaiah, Aged about 44 Years, R/o. Hyderabad. ..... Petitioner AND 1. Union of India, Rep. by its Secretary to Government, Department of telecommunications, Ministry of Telecommunications, New Delhi. 2. Bharat Sanchar Nigam Limited, Government of India Enterprise, 48 B, Statesman House, 12 th Floor, Barakhamba Road, New Delhi. Rep. by The Chairman & Managing Director, 3. Assistant Director General (MMY), MMT Section, Bharat Sanchar Nigam Limited, 148 B, Statesman House, 12 th Floor, Barakhamba Road, New Delhi. .....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 order or direction, more particularly one in the nature of Writ of Mandamus: (a) Declare the action of the 2nd respondent, Bharat Sanchar Nigam Limited (BSNL) in rejecting the offer/bid of the Writ Petitioner Company submitted for supply of equipment in response to tender No. MM/SW/072004/000277 issued on 15-07-2004 as unconstitutional, arbitrary and illegal; (b) Consequently, direct the respondents to forthwith accept the bid of the Writ Petitioner Company and process the same by duly considering it along with rest of the bidders who are found to be responsive to the said Tender No. MM/SW/072004/000277 issued on 15-07-2004 (c) Further direct the respondents not to discriminate the Writ Petitioner Company in the matter of supply of equipment to the 2nd respondent in response to its Tender No. MM/SW/072004/000277 issued on 15-07-2004 The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of Mr. Nooty Rama Mohana Rao, Advocate for the Petitioner and of Mr. A. Rajasekhar Reddy, S C. for C. G. on behalf of the Respondents, the Court made the following ORDER: “Post “For Admission” on 03-11-2004 in the Motion List. Meanwhile, Respondents shall not finalise the tenders pursuant to the notification.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR (Contd. 2. ) . 2 . To 1. The Secretary, Department of telecommunications, Ministry of Telecommunications, Union of India, New Delhi. 2. The Chairman & Managing Director, Bharat Sanchar Nigam Limited, Government of India Enterprise,48 B, Statesman House, 12 th Floor, Barakhamba Road, New Delhi. 3. The Assistant Director General (MMY), MMT Section, Bharat Sanchar Nigam Limited, 148 B, Statesman House, 12 th Floor, Barakhamba Road, New Delhi. 4. One spare copy. BV