HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.23891 of 2011 Date of Order:17.11.2011 Between: Y.Erikala Reddy and others ..Petitioners and The Government of Andhra Pradesh, Rep. by its Principal Secretary and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C. BHANU WRIT PEITTION No.23891 of 2011 ORDER :- This writ petition is filed by the petitioners seeking to issue a writ of Mandamus declaring the action of the respondents particularly the 3rd respondent in issuing tender notification in Rc.No.589/A1/2011, dated 07.08.2011, insofar as the petitioners’ area of operation is concerned without cancelling contracts granted in favour of the petitioners as illegal and arbitrary and consequently set aside the tender notification issued by the 3rd respondent for transporting Ready To Eat (RTE) Food to the Anganwadi Centres insofar as area of operation, as per the work order given to the respective petitioners. 2. The brief facts, that are necessary for disposal of the writ petition, are as follows:- On the application of the petitioners for grant of contract for transport of ready to Eat food from the office godown of the respective Child Development Project Offices, ICDS Project, the respective Child Development Project Officers, ICDS Project granted the said contract to the petitioners under various proceedings. From the date of issuing the contract, the Nutritious food i.e., Ready to Eat food is being transported by the petitioners for their respective jurisdictions of destination without any complaint. While so, 3rd respondent issued the tender notice in his proceedings in Rc.No.589/A1/2011, dated 07.08.2011, calling for the tenders for grant of contract for the financial year 2011-12. The 3rd respondent without cancelling the respective contracts of the petitioners or the proceedings issued in their favour by the respective Child Development Project Officers, has issued the impugned Tender Notification. If the tenders are given to any 3rd party, the petitioners would suffer heavy loss and their lives would be at stake. 3. The 3rd respondent filed a detailed counter affidavit denying the allegations made by the petitioners. It is stated that Child Development Project Officers have not given contract orders before issuing the date of notification calling for the Food Transportation tenders. As the petitioners were engaging vehicles like Tractor and Auto trallies etc., the food is transporting for weeks together. The stakeholders are getting deprived. As per the supplementary nutrition programme, food is being supplied to the stakeholders of Anganwadi Centres of ICDS Project. The Child Development Project Officers have issued contract orders to the local contractors, which is illegal, without following any procedure or guidelines given in G.O.Ms.No.39, Women Development, Child Welfare & Disabled Welfare (ICDS) Department, dated 16.08.2002. Further, they have not informed or taken permission or sent the proposal to the Project Director or Joint Collector and Chairman of the Supplementary Nutrition Committee for finalisation of contract before issuing orders to the local contractors. Hence, the orders issued by the Child Development Project Officers are not legal and not valid or executable as the Child Development Project Officers are not competent to give contract orders as per G.O.Ms.No.39, dated 16.08.2002. It is further submitted that under G.O.Ms.No.39, Supplementary Nutrition Committee has to finalise the tenders of all Supplementary Nutrition Programme related contracts in the District, whereas the Child Development Project Officers have issued Supplementary Nutrition Food transport contract orders to the local transporters without taking Project Director’s or Joint Collector’s permission. Further, on a note file submitted to the Joint Collector, dated 28.07.2011, the Joint Collector has given permission to call for the tenders, which is legal and valid and procedural as per G.O.Ms.No.39, dated 16.08.2002 and Circular Memo No.1208/J2/09, dated 18.01.2011. If the petitioners are interested to participate in the tenders, they can also apply and participate in the tenders. 4. Learned counsel for the petitioners contends that the Project Director, Women and Child Development Agency has issued proceedings from time to time permitting the petitioners to transport the food from the office godown to Anganwadi centres of ICDS Project jurisdiction; that in pursuance of the orders passed by the 3rd respondent, the petitioners purchased the vehicles and transporting the food to various centres for the last two years; that all of a sudden the present tender notification, dated 07.08.2011, is issued calling for the tenders for transportation of 20 Kgs bags of nutritious food in ID Scheme and hence, prays to set aside the impugned tender notification. 5. Learned Government Pleader contends that the Project Director, District Woman Agency is not authorised to issue such proceedings permitting the petitioners to transport the nutritious food; that as per G.O.Ms.No.39, dated 16.08.2002, there is a Supplementary Nutrition Programme Committee which has to take the decision and finalise the tenders and hence, he prays to dismiss the writ petition. 6. It is not in dispute before this court that for the last two years, on various days the petitioners have been supplying the food to the various Anganwadi centres from the office godown within the jurisdiction of the 3rd respondent. The petitioners are challenging the tender notification calling for the tenders, dated 07.08.2011, issued by the 3rd respondent. The Government under G.O.Ms.No.39, dated 16.08.2002, Women Development, Child Welfare and Disabled Welfare, (ICDS) Department, constituted a Supplementary Nutrition Programme Committee for operationalising the local food supply with Joint Collector as Chairman and District Supply Officer, District Medical and Health Officer, Child Development Project Officer nominated by the Joint Collector, President of the Mother’s Committee nominated by the Project Director, NGO of the Local area nominated by the Joint Collector as members and the Project Director, Women Development and Child Welfare Department as a Member Convenor. Therefore, as per G.O.Ms.No.39, the said Committee has to take a decision even for transportation of the food etc., to the various Anganwadi centres. As per the said G.O., the Child Development Project Officers have no power to entrust the contract work to the petitioners for transporting the food material from the office godown to the Anganwadi centres. When the Child Development Project Officers have no power to issue such proceedings, which is contrary to the G.O.Ms.No.39, the respondents are right in issuing a notification calling for the tenders. Therefore, the tender notification issued is completely in accordance with Government order and it needs no interference by this Court. 7. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. ________________ K.C. BHANU, J November 17, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.23891 of 2011 Date: 17.11.2011 LMV