IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12969 of 2008 Between: 1 M/s.Raghava Constructions, No.3-6-532/A, FlatNo.201 Himayathnagar, Hyderabad, rep.by its Managing partner Sri P.Srinivas Reddy,S/o.Raghava Reddy aged 43 years,R/o.Hyderabad 2 Sri P.Srinivas Reddy S/o.Raghava Reddy R/o.Hyderabad ..... PETITIONER(S) AND 1 Hyderabad Urban Development Authority, rep.by its Vice Chair person and Managing Director, Begumpet Hyderabad 2 Hyderabad Growth Corridor Limited, rep.by its Chief General Manager (Technical), HUDA Complex, Tarnaka,Hyderabad .....RESPONDENT(S) 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 to issue a writ order or direction one more particularly in the nature of writ of mandamus declaring the action of the respondents in declaring the 1st petitioner as technically disqualiﬁed in the technical bid evaluation pertaining to the tender notice of the 2nd respondent issued in No.NIT.No.CGM(T)/HGCL/EE/RR/08-09/10 dated 26.4.2008 as illegal, arbitrary, and unconstitutional and consequently direct the respondents to treat the petitioner as being fully eligible and qualiﬁed under the technical bid category and open the petitioner price bid and award the subject work to the 1st petitioner firm and pass Counsel for the Petitioner: MR.S.NIRANJAN REDDY Counsel for the Respondent No.: M.DHANANJAY REDDY(SC FOR HUDA) The Court made the following : O R D E R: 1. The action of the Hyderabad Urban Development Authority-1st respondent in declaring the 1st petitioner as technically disqualiﬁed in the technical bid evaluation pertaining to the tender notice of the 2nd respondent in NIT NO.CGM(T)/HERCL/EE/PR/08-09/10, DATED 26.4.2008 is assailed in this Writ Petition. 2. The 2nd respondent invited bids under the Local competition bidding for various categories of works in relation to strengthening and widening of radial roads falling within limits. The 1st petitioner participated in the bids as it satisﬁed each of the qualiﬁcation criteria. In respect of the criteria relating to the availability of the speciﬁed equipments which were either to be owned or leased, the 1st petitioner obtained consent and undertaking from M/s Prasad and Company (Project Works) Limited stating that it was ready to lease out the speciﬁed category equipment and machinery. The 2 nd respondent did not open the price bid of the 1st petitioner on the ground that it is technically not eligible to participate in the bid. The said action is assailed in this writ petition. 3. When the writ petition came up for admission on 23.6.2008, Sri.M.Dhananjay Reddy, learned Standing Counsel for HUDA received notice on behalf of the respondents. 4. The respondents ﬁled counter aﬃdavit. G.Jagannatha Rao has sworn to the counter aﬃdavit. It is stated in the counter aﬃdavit that the technical bids of the 1st petitioner and M/s Ramky Infrastructure Limited have been rejected on similar grounds. It is further stated in the counter aﬃdavit that the contract is awarded to the lowest bidder i.e. M/s G.V.R. Constructions Private Limited. 5. Since the work has already been entrusted to the lowest tenderer, without impleading M/s.G.V.R Constructions Private Limited to whom the contract has been awarded no eﬀective adjudication can be made in this writ petition. The petitioner has to challenge the very awarding of the work in favour of M/s G.V.R. Constructions Private Limited. The petitioner may work out his remedies to challenge the awarding of work in favour of M/s G.V.R. Constructions Private Limited. Reserving the said liberty, this writ petition is dismissed. No costs. 5th August, 2008. (B.Seshasayana Reddy,J) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.12969 OF 2008 5T H AUGUST 2008. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}