THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.17717 of 2011 Date: 27.06.2011 Between: J.C. Constructions, Rep.by its Managing Partner Abdul Jaleel, Old Paloncha, Khammam District and another. … Petitioners and The Northern Power Distribution Company of A.P. Limited, rep.by its Superintending Engineer, Operation Circle, Khammam, Khammam District. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.17717 of 2011 ORDER : Heard Sri Kowturu Vinaya Kumar, learned counsel appearing for the petitioners, as well as the learned Standing Counsel appearing for the respondent-Northern Power Distribution Company of A.P. Limited, and with their consent the writ petition is being disposed of at the admission stage. 2. The petitioners claim to be the registered contractors dealing in electrical and civil works. The respondent issued a notification No.T-03/2011-12, inviting tenders for manning and maintenance of 33/11 KV Sub-stations for the year 2011-12 on monthly works contract basis. The petitioners are concerned with the works relating to Tribal Sub-plan Area 33/11 KV Sub- stations. The tender conditions, inter alia, permit even the existing local contractors, having technical qualifications and sufficient experience, to participate in the bid. Insofar as Tribal Sub-plan Area is concerned, preference is given to V.T.D.A./SHG/S.T. Groups having valid registration with the respondent. Clause 7 of the tender notification provides that the “specifications” would be sold to any contractor having required eligibility, but preference would be given to the said groups having valid registration with NPDCL, A-Grade licence and E.P.F. account, and in case no tribal contractor comes forward for the work, the allotment would be given to non-tribal contractor. 3. Thus, as per the conditions of the said clause, any contractor, who is qualified irrespective of his status as belonging to the aforesaid groups, is entitled to participate in the bid. However, the grievance of the petitioners is that the respondent, on a misconception that only those belonging to the aforesaid groups are entitled for submitting their bids, is not accepting the bid offered by the petitioners. Therefore, the petitioners have filed the present writ petition declaring the action of the respondent in not entertaining their tenders in respect to Tribal Sub-plan Area Sub-stations, as arbitrary and illegal. 4. The learned Standing Counsel appearing for the respondent submits that there is no prohibition for any contractor to participate in the bid irrespective of his status as belonging to the aforesaid groups, provided the contractor fulfils all the tender conditions. The learned Standing Counsel, on instructions, further submits that the respondent is prepared to receive the tender applications of the petitioners and consider the same in accordance with law. 5. Having regard to the aforesaid tender conditions and in view of the submission made by the learned Standing Counsel, this writ petition is disposed of directing the respondent to receive the tenders offered by the petitioners and consider the same along with others in accordance with law. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 27.06.2011. NOTE:- Operative portion by wire at party’s cost. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.17717 of 2011 27.06.2011 (Msr)