IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13299 of 2008 Between: M/s. Paidala Thirupathi Reddy & Bros., Contractors, H.No. 1- 1266, Near Vinayaka Templeme, Bangla Thota, Nellore -524 002, rep. by its Managing Partner- P. Thirumala Reddy. ..... PETITIONER AND 1 Govt. of A.P., rep. by its Secretary-Irrigation & Command Area Development, Secretariat Building, Hyderabad. 2 Chief Engineer, Minor Irrigation, Hyderabad. 3 Superintending Engineer, Irrigation Circle, Chittoor. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction preferably one in the nature of Writ of Mandamus, declaring the impugned order of the 3rd respondent vide proceedings No.DB/T4/BPM.37/238-CTR, dated 09-05- 2008 as arbitrary, illegal, contrary to the terms and conditions of Tender Notification No.12/2005-06, dated 30-01-2006 and opposed to law and set aside the same while directing the respondents to issue work order in respect of the contract work " Excavation of Flood Flow Canal From Kalavagunta barrage to feed chain of tanks in Penumur and G.D. Nellore Mandal, Chittoor District" to the petitioner at the existing and SSR rates without any further delay and pass Counsel for the Petitioner: MR.T.BALAJI Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORAL ORDER: This writ petition is directed against the decision of the third respondent contained in the impugned proceedings dated 9.05.2008 whereby and whereunder the third respondent rescinded the tender process notified by the electronic procurement process bearing Chit Tender Notice No.12/2005-06, dated 30.01.2006. In this tender process, to which the petitioner submitted its bid, it was declared a successful bidder for the works relating to Excavation of Flood Flow Canal from Kalvagunta barrage to feed chain of tanks in Penumur and G.D. Nellore Mandals, Chittoor District. It appears from the impugned order that the concerned department of the State failed to take adequate and timely steps for acquisition of land for execution of the project, and the ryoths of adjoining villages also represented the local representative in the legislature to stop tender process unless compensation was paid to the villagers. The petitioner submitted a representation of its inability to execute the work, as it had quoted 26,64% less than the Estimated Contract cost of the project and requested for refund of E.M.D and Bank Guarantee furnished by it at the time of declaration of the bid in its favour. The raft of these circumstances persuaded the third respondent to address the State as to the appropriate course of action. By the communication dated 29.08.2006 the third respondent was directed to cancel the tenders, which were opened on 13.03.2006 and accordingly, the impugned order was issued. The learned counsel for the petitioner states that the cancellation is arbitrary and illegal as the delay in implementation and execution of the work was not due to any fault on the part of the petitioner, but on account of the inefficiency of the State in acquiring the land with reasonable expedition. These are not issues germane to the consideration of the validity of the impugned order of cancellation of tender. If the petitioner is aggrieved by any administrative deficiency impacting it with civil consequences, it is at liberty to pursue appropriate remedies under civil law and not in public law proceedings. The impugned cancellation of tender is vitiated by no legal infirmity warranting interference under Article 226 of the Constitution of India. There are no merits in the writ petition and the same is accordingly dismissed at the stage of admission after hearing the learned Government Pleader for Irrigation. ___________________ (Goda Raghuram, J.) 25th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Govt. of A.P., rep. by its Secretary-Irrigation & Command Area Development, Secretariat Building, Hyderabad. 2 Chief Engineer, Minor Irrigation, Hyderabad. 3 Superintending Engineer, Irrigation Circle, Chittoor. 4 2 CCs to G.P. for Irrigation and Command Area Development, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies. Form-NIC-OGS/WP{VSMI}