THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30339 OF 2011 ORDER: 1. This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in rejecting the petitioner’s bid at technical evaluation stage without assigning the reasons thereof, as arbitrary and illegal and consequently direct the respondents to reconsider petitioner’s bid by putting him notice. 2. The brief facts, which are necessary for disposal of this Writ Petition, are as under. The respondents called for bids through eProcurement at www.eprocurement.gov.in for the work of special repairs to Link Road connecting NH9 to I.K. Road (Via) Rayanapadu-Pydurupadu-Kavuluru & Kattubadipalem from KM.0.000 to 2.400 (b) special repairs to Mylavaram – Venkatapuram Road from 0.000 to 7.000. The estimated contract value is Rs.1,00,18,958/- and the period of work is six {6} months. As per the eProcurement schedule, downloading of Bid document commencement is from 24.08.2011 and the end date is 08.09.2011 and the opening date of bids is 08.09.2011 at 4 pm. The petitioner being a civil contractor, having eligibility as per the eProcurement, registered on the eProcurement and submitted his bid through online by uploading the required documents for the above said bid. The bid consists of two stages, i.e., technical evaluation and financial bid. Once the bidder is qualified in technical evaluation, his application will be processed for the second stage of financial bid. While so, the respondents disqualified the petitioner’s bid on technical evaluation stage dated 05.08.2011 without assigning any reasons for rejection by communication dated 08.09.2011 through e-mail. In the said impugned communication, the reasons for disqualification at technical evaluation were not communicated to the petitioner, so as to know the reasons. On 20.10.2011 and 28.10.2011, the petitioner made representations to the first and the second respondents respectively to look into the matter but till date, neither of the respondents responded to the representations of the petitioner. Hence, the Writ Petition. 3. Learned counsel for the petitioner stated that no reasons are assigned for rejecting the tender application of the petitioner and hence, prays to issue a direction to the respondents to re-consider the petitioner’s bid by putting him on notice. 4. On the other land, learned Government Pleader for Roads & Buildings contended that the process of tender is going on and therefore, there is no reason to communicate the reasons for not accepting the application and hence, prays to dismiss the Writ Petition. 5. The parties are bound by the terms of the contract. Clause 27.11 of the Tender Conditions reads as under. “Information relating to the examination, clarification, evaluation and comparison of Tenders and recommendations for the award of a contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced by the tender accepting authority. Any effort by a Tenderer to influence the processing of Tenders or award decisions may result in the rejection of his Tender.” 6. In view of the above, the reasons for not making any award of contract shall not be disclosed to the Tenderers when the process of tender is going on. After finalization of the tender by the tender accepting authority only the petitioner is entitled to know reasons as to why his tender is rejected. 7. Therefore, the Writ Petition is disposed of with a direction to the second respondent to finalize the tender and communicate the reasons for rejecting the bid of the petitioner. No costs. _____________ (K.C.BHANU, J) 22nd November 2011 RRB