HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO.25945 of 2009 Monday, the 21St day of December, 2009 Between: Municipal Civil Contractors Association, Adilabad. .. Petitioner And 1. The Government of Andhra Pradesh, rep.by its Principal Secretary to Municipal Administration, Secretariat Buildings, Hyderabad and another .. Respondents O R D E R: In the recent past, there has been unlimited fascination on the part of the various Departments of Government towards purchase and operation of computers. Experience has shown that it has only added to the expenditure of the State and private operators. It is not as if the efficiency levels have increased. On the other hand, the difficulty in tracing the records or to have access to the information is increasing day by day. The Information Technology and Communication Department of Government of A.P. issued G.O.Ms.No.20 dated 06/07/2004 directing that contracts whose value is Rs.10 lakhs and more shall be awarded through the process of e-procurement. Obviously, the department has taken the fact that it is only the contractors of such magnitude that would be in a position to have access to the computers or would be able to handle them. The same was followed in other departments of Government. However, shortly before the said G.O.Ms.No.20 dated 06/07/2004, the Municipal Administration and Urban Development issued G.O.Ms.No.171 dated 01/05/2004 directing that works even up to limit of Rs.1 lakh be awarded through the e-procurement per annum. A notification dated 12/11/2009 was issued by the respondent inviting the tenders through e-procurement for about 50 works. The value of the works ranged between 1 and 2 lakhs. The petitioner, an association of municipal civil contractors, expresses the difficulty of its members in having access to computers and the vagaries involved in the process. The petitioner prays for a direction to the respondent to follow G.O.Ms.No.20 dated 06/07/2004. On behalf of the respondent, a counter-affidavit is filed. It is stated that the e-procurement is resorted to, on the basis of the directions issued in G.O.Ms.No.171 dated 01/05/2004, and the administrative directions issued by the Engineering Chief Public Health dated 13/10/2006. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Several complications and technicalities are involved in submitting tenders through e-procurement. Having access to the computer or being able to feed the necessary material is not a common phenomenon from the point of view of a small contractor. Such contractor cannot be expected to have the necessary wherewithal for this. They have to depend upon others and there is every likelihood of the particulars not being fed properly. The nature of services that are available at remote places like Adilabad is another matter. Nobody found any difficulty in receiving tenders by receiving documents for works of this nature physically. As observed earlier, except the unwarranted fascination for computers, no meaningful purpose can be achieved by insisting on submission of tenders through e-procurement for small works. At any rate, the department of Information Technology and Communication has taken a definite view, that it is only the works above Rs.10 lakhs, that can be handled through e-procurement. The Municipal Administration Department does not appear to have taken this into account. Therefore, the Writ Petition is allowed and the respondents are directed to issue a fresh notification inviting tenders other than through e-procurement. No order as to costs. ___________________ L.NARASIMHA REDDY, J 21st December, 2009 SKM