The Hon’ble Sri Justice L.Narasimha Reddy Writ Petition No.15167 of 2009 Order: The petitioner is a Labour Contract Cooperative Society comprising of sanitary workers. On an application made by the petitioner, the Commissioner, Nizamabad Municipal Corporation, the first respondent, has awarded contract of sanitation for Circle No.1 with effect from 01-06- 2009. The first respondent issued a tender notice, dated 21- 07-2009, inviting tenders for award of sanitation contract in respect of various circles. The petitioner feels aggrieved by the same, in so far as it relates to Circle No.1. The petitioner relies upon G.O.Ms.No.30, dated 18th January, 2000, issued by the Government of A.P., and submits that it is entitled to be continued as sanitation contractor. On behalf of respondent Nos.1 and 2, a counter affidavit is filed. It is stated that the petitioner, no doubt, was entrusted with the work in terms of G.O.Ms.No.30, dated 18th January, 2000, and G.O.Ms.No.581, dated 06-11-1996, but the performance of the petitioner was far from satisfactory. Complaints are said to have been received from the general public as well as councillors of the wards in the circle. The respondents further contend that the petitioner did not submit its tender. Heard Sri S.Jagadish, learned Counsel for the petitioner, and the learned Standing Counsel for respondent Nos.1 and 2. The Government provided for certain incentives to the Labour Contract Cooperative Societies in the context of award of sanitation contracts. However, even where the contract is awarded without inviting tenders, the local authority is entitled to review the performance. In the instant case, the petitioner was awarded the contract. Number of complaints were received from the general public and councillors. This naturally warranted issuance of tender notice. The petitioner also could have participated in the tender process. Obviously, because an existing contract is in its favour, the petitioner did not choose to file its tender. It is brought to the notice of this Court that the tenders for Circle No.1 were not opened as yet. The petitioner can be given an opportunity at this stage also. Hence, the Writ Petition is disposed of directing that it shall be open to the petitioner to submit its tender for Circle No.1 within one week from today. The first respondent shall open the tenders received for the circle including that of the petitioner and take a final decision depending upon the amounts quoted or bids received as well as the performance of the agencies in the past. Till the contract is awarded in respect of Circle No.1, the present arrangement shall continue. The dues of bill, if any, to the petitioner shall be settled within four weeks from today. There shall be no order as to costs. _________________________ (L.NARASIMHA REDDY, J) Dated 17-12-2009 Note: Furnish CC in three days. (B/o) lur