THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.27385 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondent in not issuing the supply order for supply of 20 Nos. of Auto Drivers for sanitation in the limits of Adilabad Municipality, as per the Notification, dated 21.07.2011, issued by the respondent, in pursuance of which, petitioner became the lowest bidder as stated by the respondent himself in the supply order dated 01.08.2011, and issuing orders only for supply of 10 Nos. of Auto Drivers as illegal and arbitrary; and consequently, direct the respondent to issue the supply order for supplying of 20 Nos. of Auto Drivers for maintenance of sanitation in Adilabad Municipality. 2. The case of the petitioner, in brief, is that he is the President of the petitioner Society. The respondent issued notification, dated 21.07.2011, calling for tenders for supply of 20 Nos. of Auto Drivers for maintenance of sanitation within the limits of Adilabad Municipality for a period of eight months i.e., from 01.08.2011 to 31.03.2012. Pursuance to the said notification, the petitioner Society participated in the said tender and became the lowest bidder and hence, the respondent passed the supply order, dated 01.08.2011, wherein it is stated that due to non-receipt of permission from the Commissioner and Director of Municipal Administration, Andhra Pradesh, Hyderabad for additional 10 Nos. of Auto Drivers, the supply is limited to the existing 10 Nos. of Auto Drivers only. The respondent, instead of issuing the supply order for supply of twenty Auto Drivers, passed the supply order for supply of 10 Nos. of Auto Drivers only. If the respondent authority does not issue orders for supply of 20 Nos. of Auto Drivers, the petitioner Society will suffer irreparable loss. Hence, the writ petition. 3. A detailed counter affidavit has been filed by the respondent wherein it is stated that in response to the notification, dated 20.07.2011, the petitioner participated in the tender and quoted rate excess (+) 5.00%, which was the lowest rate compared to other four bidders, who quoted the rates more than the petitioner. The petitioner’s rates have been accepted by the Special Officer and hence, the respondent issued supply order, dated 01.08.2011, to the petitioner to supply 10 Nos. of Auto Drivers for eight months i.e., from 01.08.2011 to 31.03.2012. The petitioner was informed that due to non-receipt of the permission from the Commissioner and Director of Municipal Administration, Andhra Pradesh, Hyderabad for additional 10 Nos. of Auto Drivers, the supply order is limited to the existing 10 Nos. of Auto Drivers only. The Commissioner has power to accept/reject any tender and also power to cancel the tender without assigning any reasons. Hence, the allegation levelled against the Municipality is baseless and not maintainable. There is no need to make arrangement of number of Auto Drivers in the absence of specific supply order. No irreparable loss or injury is caused to the petitioner, as there was no occasion to spend any money in this transaction except payment of E.M.D., which is limited to 10 Nos. of Auto Drivers and accordingly, the petitioner was asked to remit the balance amount of Rs.3,185/- duly adjusting an amount of Rs.12,715/- already paid by him at the time of participating in the tender i.e., for 2 ½% for supply of ten numbers of Auto Drivers only instead of Rs.31,800/-, but the petitioner has not paid the difference balance of Rs.3,185/- and he has not executed the agreement. As and when permission is received by the respondent from the Commissioner and Director of Municipal Administration, Andhra Pradesh, Hyderabad, the supply order for remaining 10 Nos. of Auto Drivers would be issued and prayed to dismiss the writ petition. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Municipality. 5. The respondent Corporation addressed a letter vide Lr.Roc.No.F1/466/2010-2011, dated 11.08.2011, to the Commissioner and Director of Municipal Administration, Andhra Pradesh, Hyderabad to accord permission to engage 10 Nos. of four wheelers Auto Drivers on contract basis at an early date. Therefore, when the issue is not within the purview of the respondent Municipality, it has rightly addressed a letter to the Commissioner to accord permission. After obtaining the said permission, the respondent shall act in accordance with the permission that may be given by the Commissioner and Director of Municipal Administration, Andhra Pradesh, Hyderabad. In the absence of infringement or violation of any legal right, question of issuing mandamus may not arise as a writ of or in the nature of mandamus is ordinarily issued where the petitioner establishes a legal right in himself and a corresponding legal duty in the public authority. 6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 24th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.27385 OF 2011 Date: 24.10.2011 AMD