THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.29112 of 2009 ORDER: Bharat Sanchar Nigam Limited, the respondent herein, issued a tender notice, on 24.10.2008, for the purpose of hiring vehicles, for its Adilabad Telecom District. The petitioner and certain others submitted their tenders. On the ground that the rates quoted by various tenderers are abnormal, the bids were cancelled. Second tender notice was issued, on 04.03.2009. This time, the tenders were cancelled, on the ground that the main cover was not properly sealed. For the third time, tender notice was issued, on 25.09.2009. Same exercise i.e., cancellation of tender, ensued, on a different ground, and for the fourth time, the tender notice was issued, on 10.12.2009. The petitioner challenges the action of the respondent. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent. It is no doubt true that, issuance of tender notice, as many as four times, reflects that, all is not well in the entire process. Issuance of repeated notices, would not only involve wastage of public money, but also would give rise to several speculations. At the same time, if the respondent notices that, the serious defects, or irregularities have crept in, it cannot be compelled to proceed with the tenders. It is settled principle of law that, even where the rates, quoted in response to a tender notice, are remunerative, the concerned agency has the liberty to give up the process, if it finds that acceptance of tender would not be in its interest. The petitioner has not alleged any mala fides against the respondent. Across the Bar, it is stated that only two tenders were received, in response to the third notice and one of it was found to be defective. The tender of the petitioner alone remained, and hardly there was any competition. Therefore, the respondent has issued the fourth tender notice. This Court does not find any legal defect in the same. However, the respondent shall ensure that, the exercise is completed at least this time. Hence, the Writ Petition is dismissed, leaving it open to the petitioner to participate in the process, in pursuance of the tender notice, dated 10.12.2009, and the respondent shall endeavour to finalize the process without leaving scope for any criticism, or causing burden on exchequer. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.31-12-2009. GJ