IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3969 of 2007 Between: V. Bal Reddy, S/o.Obul Reddy, H.No.20/133, Adoni Road, Pattikonda, Kurnool, Kurnool District. ..... PETITIONER AND 1 The Vice Chairman and Managing Director, A.P. State Civil Supplies Corporation Ltd., Somajiguda, Hyderabad. 2 The Joint Collector and EOED., A.P. State Civil Supplies- Corporation Ltd., Kurnool 3 The District Manager, AP State Civil Supply Corporation Ltd., Kurnool. 4 Sri P. Vasudev Reddy, H.No.12/36, Gutti Road, Pattikonda, Kurnool District. .....RESPONDENT(S) Counsel for the Petitioner: None The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3969 of 2007 ORDER: This writ petition is filed for a writ of mandamus to declare tender notification No.PDS/Stage-II(9)/2007 dated 25.01.2007, whereby tenders were invited for transportation of essential commodities and allotment of contract to respondent No.4, which is contrary to clause 11 of the tender conditions, as illegal and arbitrary. At the hearing, there is no representation for the parties. Hence, the writ petition is liable to be dismissed in default. Even otherwise, the writ petition deserves to be dismissed on merits. A perusal of the counter-affidavit shows that the petitioner was disqualified for submitting tender as per clause 11 of the terms and conditions of the tender notification, which reads as under: “The Tenderers should at least have two or more lorries or cabstars or tractors of their own; otherwise he/she is not eligible to apply. Under any circumstances, the tenderer must have vehicles with total capacity of minimum 2 0 MTs for transportation under Stage-II and the details should be furnished in the tender form. Tenderers found without own vehicles will stand automatically disqualified. The tenderer should enclose the copies RC Book along with tender form.” It is averred in the counter-affidavit filed by respondent No.3 that the petitioner failed to furnish the registration certificate in his name pertaining to the lorry registration No.AP 02V 3339 and without production of the same he is not entitled to participate in the tender process and that registration certificate produced by him in respect of the said lorry shows one G.Maheswar Reddy as the owner of the vehicle and goods carriage permit submitted by him also stands in the name of the said person. In view of the specific condition that the tenders found without own vehicles will stand automatically disqualified, there is no illegality in disqualifying the petitioner’s tender. Further in paragraph 6 of the counter-affidavit it is averred that respondent No.4 was appointed as Stage-II contractor for transportation of essential commodities through proceedings dated 01.06.2007 issued by respondent No.2 in pursuance of the order passed by this Court in WP.No.8709 of 2007 filed by respondent No.4. It is therefore pleaded that the writ petition has become infructuous. The petitioner has not filed rejoinder to controvert the abovementioned allegations. The tender conditions show that the contract period is for one year i.e., from 01.04.2007 to 31.03.2008, which is coming to a close within a few days. For all the abovementioned reasons, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.5078 of 2007 filed by the petitioner for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 05.03.2008 ES