THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.2442 of 2010 ORDER: Heard Sri S.Sridhar Rao, learned counsel for the petitioner and the learned G.P. for Medical and Health and, at their request, the writ petition is being disposed of at the interlocutory stage. The petitioner was the successful bidder in the tenders invited for supplying diet to patients in the E.N.T. Hospital, Koti, Hyderabad. He participated in the tender and, on his being found to be the highest bidder, he was asked to pay the security deposit of Rs.1,35,000/- and enter into an agreement. The petitioner paid the said sum of Rs.1,35,000/- and entered into an agreement for supply of diet to the patients at E.N.T. Hospital. In the meanwhile the 3rd respondent, who had a subsisting contract for a period of three years, and whose contract was cancelled, invoked the jurisdiction of this Court in W.P.No.25652 of 2009. This Court, by order dated 22.1.2010, set aside the order dated 19.11.2009 whereby the canteen contract was terminated, leaving it open to the respondents to give notice to the petitioner therein about his non-satisfactory services in supplying diet and, thereafter, to pass appropriate orders. Pursuant thereto an enquiry committee was constituted which is said to have expressed satisfaction over the diet supplied by the 3rd respondent herein. The petitioner was intimated by proceedings dated 12.3.2010 that, as per the order of this Court in W.P.No.25652 of 2009, the 3rd respondent was given time to rectify the defects in food supply and that further action was being deferred. The amount deposited by the petitioner of Rs.1,35,000/- was sought to be refunded and a cheque for the said amount was enclosed to the proceedings dated 12.3.2010. It is not in dispute that the contract which the 3rd respondent had entered into with the respondent – hospital was for a period of three years from 1.1.2009 till 31.12.2011. While the fact remains that, on cancellation of the contract entered into with the 3rd respondent, fresh tenders were invited and a contract was entered into with the petitioner, the respondents could not have invited tenders afresh or entered into a contract with the petitioner if the earlier contract entered into with the 3rd respondent had not been cancelled. The cancellation of contract, by proceedings dated 19.11.2009, was set aside by this Court. The respondents were directed to put the 3rd respondent on notice, give him an opportunity of being heard and thereafter pass appropriate orders in accordance with law. The official respondents constituted an enquiry committee and, on receipt of the findings of the enquiry committee that the diet supply by the 3rd respondent was not so unsatisfactory, decided to continue the earlier contract entered into with him. As a result the 3rd respondent is entitled to continue to supply diet to the E.N.T. Hospital, Koti for a period of three years from 1.1.2009 till 31.12.2011. For the very same period a contract could not have been simultaneously entered into with the petitioner and, in such circumstances, the respondent – Hospital had refunded the amount deposited by the petitioner of Rs.1,35,000/-. The impugned action of the respondents cannot, therefore, be faulted. The writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. ___________ 30-3-2010 asp