HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.5124 of 2011 Date : 21-9-2011 Between : Jasti Venkateswara Rao .. Petitioner And The Roads and Buildings Department, Represented by its Superintending Engineer, R&B Circle, Kesavaswamypeta, Ongole, Prakasam District and another .. Respondents Counsel for petitioner : Sri Mohd. Islamuddin Ansari for Sri Ghanta Rama Rao Counsel for respondent No.1 : Assistant Government Pleader for Roads & Buildings Counsel for respondent No.2 : Sri I. Koti Reddy The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent No.1 in not opening the financial bid of the petitioner though he is technically qualified, as illegal and arbitrary. In the counter-affidavit filed by respondent No.1, it is inter alia stated that out of three tenderers, the tenders of two persons including the petitioner were not qualified in the technical bid. It is further stated that during evaluation of the tenders, the petitioner failed to produce material in proof of execution of similar nature of work which is a condition precedent for qualifying for award of the work and therefore the tender of respondent No.2 was accepted and the agreement was concluded on 28-2-2011. Inasmuch as the entire tender process was completed and agreement was entered into with respondent No.3, no relief in the Writ Petition can be granted. The Writ Petition is accordingly dismissed. As a sequel, WPMP No.6343/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date: 21-9-2011 AM