IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12196 of 2008 Between: G.Shankar S/o.Munirathnam Proprietor M/s Honey Security and House Keeping Services R/o.Flat No.503, B-Block, Chengi Plaza, K.T. Road, Tirupathi. ..... PETITIONER AND The Regional Manager, Chittoor Region, A.P.S.R.T.C. Tirupati. .....RESPONDENT 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 more particularly a Writ in the nature of Mandamus declaring the action of the Respondent in issuing the tender notice No. E3/122(20)2008-R.M. (T) dated 29.5.2008 as illegal arbitrary unjust violative of principals of natural justice and unconstitutional and consequently declare the tender notice No. E3/122(20)2008-R.M. (T) dated 29.5.2008 as null and void and pass such other order or orders. Counsel for the Petitioner:MR.MALIPEDDI SRINIVAS REDDY Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following: Form-NIC-OGS/WP{KURR} THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.12196 of 2008 ORDER: Heard on eitherside. It is the case of the petitioner that pursuant to the tender notification calling for sweeping, cleaning and washing of Srihari, Sreenivasa, Edukondalu Bus Stations, entire yard, platforms, premises, Tirupati Depot garage, crew rest rooms at Srihari Bus Station, Deputy Executive Engineer Civil Office, Dispensary and annex officers located in commercial complex of first and second floor including toilets and attendants in the office of APSRTC, Tirupati, Chittoor Region, he was the successful bidder and sought for an amount of Rs.1,46,850/- as monthly remuneration from the respondent for undertaking the said works and accordingly, a contract was entered into by the respondent with the petitioner on 27.09.2007 for a period of two years commencing from 01.10.2007 to 30.09.2009. It is stated that the said contract will be terminated at any time if there are any violations found. While so, a show cause notice dated 03.05.2008 was issued by the respondent stating that the petitioner has not deployed required workers at various places and also failed to use automatic scrubber machine, single disc scrubber machine and sweeping wiper machines for sweeping and cleaning of yard, platforms at Bus station and accordingly penalties have been imposed 15 times and thus, he has violated the terms and conditions of the agreement and accordingly, he was called upon to submit explanation as to why the contract shall not be terminated for violation of the terms and conditions of the agreement and also as to why the security deposit of Rs.1,46,850/- shall not be forfeited. It is stated that the petitioner submitted an explanation on 10.05.2008. The learned counsel for the respondent submits that admittedly, the petitioner has not procured the machines and therefore, there was a clear violation. The learned for the respondent firmly submits that the contract has not been terminated so far. It is stated that without terminating the contract, calling for the fresh tender notification for the aforesaid works, vide tender notification dated 29.05.2008 is illegal and arbitrary. I am of the opinion that merely because of issuing tender notification calling for tenders for the aforesaid works in the event of termination, the same cannot be prejudicial to the interests of the petitioners, as long as his agreement exists without termination, he is entitled to function as a contractor. Having regard to the facts of the case, the Writ Petition is disposed of, directing the respondent not to prevent the petitioner from carrying on the works in terms of the agreement till the same is not cancelled or terminated. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 13.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Manager, Chittoor Region, A.P.S.R.T.C. Tirupati. 2.2CCs to 3.2CD copies