IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 7431 of 2008 Between: 1 The Madiga Prajarogya Karmika Pillala Municipal Sanitary Ltd Gundla Singaram(V) Gadipi Sambaiah S/o.Illaiah R/o.Gundla Singaram Hanmakonda(M)Warangal Dist 2 The Madiga Prajarogya Karmika Pillala Municipal Sanitary Labour Contract Cooperative Society Ltd Gandhi Nagar President Pulla Ramesh S/o.Sri Hari Hindu R/o.Gandhi Nagar Kashibugga,Warangal 3 The Madiga Prajarogya Karmika Pillala Municipal Sanitary Labour Contract Coperative Society Ltd Kancharakunta Registration No.264 dt.17-11-2007 Rep.by its President Marapaka Ashok S/o.Yakaiah Hindu R/o.Kancharakunta Hanumakonda Warangal 4 The Madiga Prajarogya Karmika Pillala Municipal Sanitary Labour Contract Coperative Society Ltd Rahunath Colony Ramannapet Warangal(Regd.No.1001/FR Rep.by its President Kodakandla Sadanandam S/o.Somamaiah Hindu R/o.Raghunath Colony Ramannapet Warangal 5 M/s. Babu Jagieevan Ram Dalitha Municipal Sanitary Labour Contract PSSS Lted Warangal by its President S/o.Yellaiah Hindu R/o.Potham Nagar Warangal Dist ..... PETITIONERS AND 1 The Govt. of A.P rep. by its Municipal Administration & Urban Development (G) Department Secretariat Building Hyd 2 The Commissioner, Warangal Municipal Corporation Warangal .....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 Mandamus declaring the Tender Notification R.O.C No.F1/3129/2007-08 of the 2nd respondent in not entrusted sanitary work without participating in the Tender or even not allotted and units for sanitary workers union as per the G.O.Ms No.30 Ma dt.18-01-2001 and G.o.Ms No.581 MA dt.6-11-1996 as illegal arbitrary violative of Govt orders and violative of principles of natural justice and consequently direct the respondent to entrust the sanitation work without participating in the tenders to the sanitary workers union in accordance with the G.O.Ms No.30MA dt.18-01- 2000 and G.O Ms.No.dt.6-11-1996. Counsel for the Petitioner : Sri G.Simhadri Counsel for the Respondents : GP for Municipal Administration & Urban Development The Court made the following O R D E R: The five writ petitioners are all Municipal Sanitary Labour Contract Cooperative Societies functioning within the territorial limits of Warangal District. The State Government has taken a policy decision and announced the same through its G.O.Ms.No. 30 Municipal Administration, dated 18th January 2000, to entrust a portion of the sanitation work to the societies formed by the sanitary workers’ unions, without having to participate in the tendering process. It is not in dispute that this policy of the State Government is being adhered to and followed by all the Municipal Corporations in the State and in particular, the Warangal Municipal Corporation, but however, when the 2nd respondent – Municipal Corporation has issued their tender notification dated 27th March 2008 and got it published in the vernacular newspapers, there appears to have been left room for confusion as to whether the societies are entitled to be entrusted a portion of the sanitation work within the Municipal Corporation limits of Warangal, without their having to participate in the tendering process. When the case was listed before me on 4th April 2008, I requested the learned Standing Counsel for Municipal Corporation to obtain instructions in the matter. Sri Durga Nageswara Rao, learned Standing Counsel, today, on instructions, informs me that the error that crept in the notification dated 27th March 2008 is absolutely unintentional, and the Corporation has already set apart nine units of sanitation works to be exclusively entrusted to Sanitary Workers’ Cooperative Societies without there being any necessity for them to participate in the tendering process. If such societies want to participate for other than those nine units, it is open to them to participate in the tendering process and insofar as the nine units of sanitation work out of 58 units in Warangal Municipal Corporation limits are concerned, the Corporation is intending to allot the same in favour of the Sanitary Workers’ Cooperative Societies only and there is no necessity for such societies to participate in the tendering process or compete with anyone. In view of the statement made by the learned Standing Counsel, putting at rest the apprehensions entertained by the writ petitioners, no further orders are needed in the writ petition. With this, the writ petition stands disposed of, but however, without costs. ---------------------------------- (NOOTY RAMAMOHANA RAO,J) Note: Issue CC in two days. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}