IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13831 of 2009 Between: 1 M.Venkaiah Choudary S/o.Kotaiah R/o.D.No.12-1-25, Patha Guntur, Guntur. 2 M.Gurukrishna Vara Prasad S/o.M.Venkaiah Choudary R/o.D.No.3-7-60, Kuritipadu, Guntur District. 3 Veera Hanuman Mahila Podupu Sangam (Regn. No.4776/98/H2), represented by its President Ch.Narayanamma W/o. Mastanaiah, aged 48 years R/o.D.No.3-7-12, Stambalagaruvu, Guntur. ..... PETITIONER(S) AND Municipal Corporation of Guntur, represented by its Commissioner, Guntur. .....RESPONDENT 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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the impugned condition imposed by the respondent in the Tender Notice issued by him in Roc.No.987/2009/F2 dt. 28.06.2009, requiring the tenderers to supply the tractors purchased on or after 2005, as illegal, arbitrary and unconstitutional and consequently direct the respondent to issue the tender schedules to the petitioners and permit them to participate in the said tender notice without insisting on the production of tractors purchased on or after 2005 and pass. Counsel for the Petitioner: MR.P.GOVIND REDDY Counsel for the Respondent No.: MR.V.CH.NAIDU The Court made the following : ORDER: This writ petition is filed seeking a declaration that the condition imposed by the respondent in the tender notice dated 28.06.2009 requiring the tenderers to supply the tractors purchased on or after 2005 as arbitrary and illegal. Under the impugned tender notice, the respondent - Municipal Corporation of Guntur - invited the sealed tenders for transportation of garbage by Tractors from the dustbins situated in the sanitary divisions to the compost-yard of the Corporation at Kondaveedu Village. One of the conditions imposed is that the vehicles possessed by the tenderer should have been purchased after the year 2005. The validity of the said condition is challenged by the petitioners contending inter alia that the condition so imposed has no nexus with the object sought to be achieved and that the same is discriminatory being violative of Article 14 of the Constitution of India. Having heard the learned counsel for the petitioner and having perused the material on record, I do not find any substance in the contention raised by the petitioners. Apparently the respondent Corporation wanted the vehicles to be in a perfect condition. It is a common knowledge that the vehicles engaged for transporting the garbage are required to be in perfect condition to avoid any breakdown on the way. The condition that the vehicle should have been purchased after the year 2005 is apparently to meet the said requirement and to see that the vehicles are in perfect working condition. Such condition cannot be held to be arbitrary or discriminatory. The law is well-settled that the Tender Inviting Authority is entitled to fix its own terms of tender keeping in view the nature of the work for which tenders are invited and the interference by this Court is unwarranted unless they are arbitrary, irrational or ex facie in violation of the Article 14 of the Constitution of India. In the circumstances, the Writ Petition, which is devoid of any merit, is hereby dismissed. No order as to costs. ______________ G. ROHINI, J. Dt. 13.07.2009 IVD