HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 14433 OF 2011 . DATED 20th July, 2011 BETWEEN Prashanthi Social Welfare Society, Rep. its President Md. Tahera Begum …Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary to government, Medical, Health and Family Welfare Department, Secretariat, Hyderabad, and ors. ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 14433 of 2011. ORDER: The petitioner is a society registered under the provisions of the Andhra Pradesh Societies Registration Act 35 of 2001. Under proceedings dated 29.9.2010, the District Coordinator of Hospital Services, Adilabad assigned the contract to the petitioner-society for maintenance of sanitation and cleaning of toilets, floor area as per the guidelines issued by the Commissioner, Andhra Pradesh Vidya Vidhan Parishad, Hyderabad, for the period from 1.10.2010 to 31.3.2011. Now, it is the grievance of the petitioner-society that third respondent without any notice to the petitioner and without any notification calling for tenders, allotted the sanitation contract to the fifth respondent under proceedings dated 28.4.2011, for the period commencing from 1.4.2011. Learned Counsel for the petitioner, reiterating the averments made in the affidavit filed in support of the Writ Petition primarily submitted that the respondent authorities have not acted in a transparent manner and have deviated from the settled norms of calling for tenders. He further submitted that award of contract in favour of the fifth respondent is arbitrary and illegal. In support of his contentions, he relied on the decision of this Court in Padma Pawar Vs. Government of Andhra Pradesh, rep. by its Secretary, Department of Rural Development and ors { 2011 (4) ALT 57}. Perused the case file. A bare perusal of the impugned order dated 28.4.2011 discloses that following the instructions issued by the second respondent, the Deputy Civil Surgeon, Community Hospital, Sirpur (T) has called for tenders for providing the sanitation services at Community Hospital, Sirpur (T) under proceedings dated 27.03.2011 and thereafter, the Hospital Development Society Community Hospital, Sirpur (T) has finalized the tenders on 27.03.2011 in favour of the fifth respondent at the rate of Rs.45,000/- per month. In as much as the sanitation works contract has been assigned to the fifth respondent only after calling for the tenders, the submission of the learned Counsel for the petitioner merits no consideration. Even the decision supra relied on by the learned Counsel for the petitioner has no application to the facts of the case on hand. In the case afore-stated supra, the respondent authorities therein granted leasehold rights to run a canteen in the old LIC building premises of Nizamabad town in favour of a private respondent without calling for tenders and in those circumstances, it was held that properties belonging to the State and its instrumentalities shall be protected and executive functionaries shall see that they fetch maximum revenue while disposing of the public property either by public auction or by calling for tenders. In the case on hand, tenders for providing sanitation services at Community Hospital Sirpur (T) had in fact been called for and finalized on 27.03.2011 in favour of the fifth respondent. Hence, the case relied on by the learned Counsel for the petitioner do not assist the case of the petitioner. Further, it is to be seen that the tenders for providing the sanitation services were finalized on 27.3.2011 and the present writ petition is filed nearly after 3 ½ months. The fifth respondent appears to have started the sanitation works of contract for the period commencing from 1.4.2011. The contract allotted to the fifth respondent cannot be cancelled abruptly unless and until a glaring error or arbitrariness is shown on the face of the allotment of the said contract and consequential proof thereof. I do not see any merit in the Writ Petition and the same is accordingly dismissed. There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 20th July, 2011. Msnro