THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33133 OF 2011 ORDER: This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents, particularly the third respondent, in not awarding the contract in favour of petitioner society by accepting its tender filed in pursuance of tender notice ROC No.475/2011 F-1, dated 04.11.2011 issued by the second respondent, as illegal and arbitrary and consequently direct the respondents to award the contract of supplying 50 workers to do sanitation works to petitioner society. 2. The averments, in brief, stated in the affidavit filed in support of the Writ Petition may be stated as follows: The petitioner is a society registered under the Andhra Pradesh Co-operative Societies Act. The second respondent issued tender notice vide ROC No.475/2011 F-1, dated 4.11.2011 calling for tenders to do certain works. The petitioner society and other three societies submitted bids in response to the said notice quoting the same price. In such a situation, the procedure is to place the same before the Municipal Council and award the tender to the society which was accepted by majority members of the Council. Since there is no council representing the Municipality at present, the third respondent-Special Officer is competent person to accept one tender among the bidders. Under Condition No.16 of the conditions laid down in the Tender, in such a situation, the work would be awarded on negotiations or by using the method of lucky draw. Petitioner is a society consisting of members who belong to Nidadavole town and engaged in sanitation work for years together, and for the last two years, the society is doing sanitation work without any remark and is duly paying the salaries to the members by maintaining the required registers. Along with its tender, it filed list of 50 workers of the society who are all life members of the society. The petitioner came to know that the respondents 5 to 7 filed the list with the names of workers who are members of petitioner society. The petitioner also made a representation stating the same. But, contrary to the interest of petitioner society, the third respondent is acting to the tunes of the respondents 5 to 7 and is trying to award contract among them though they are not entitled to the same. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that other tenderers viz. respondents 5 to 7, furnished list of names of workers who are members of petitioner society, and therefore, the third respondent has no authority to award the tender to them; that as per the tender conditions, when the rates quoted by all the persons are same, acceptance of tenders is by way of negotiations or using the method of lucky draw, and hence, he prays to issue directions to the third respondent. 4. On the other hand, learned standing counsel appearing for the respondents 2 and 3 contended that the third respondent will take appropriate decision in awarding the work duly taking note of the conditions laid down in the tender notice. 5. Under Condition no.13 of the conditions of tender, the tenderer must append along with the tender the list of names of workers who would be appointed, along with their addresses and caste. Condition No.16 thereof lays down that in case several groups quote the same rate, the tender has to be awarded by way of negotiation or by adopting method of lucky draw. It is the allegation of the petitioner that the respondents 5 to 7 filed the list with the names of workers who are members of petitioner society. Whether the names of the workers of the petitioner society are included by the other tenderers or not, has to be decided by the third respondent. Similarly, since the rate quoted by all the tenderers is one and the same, the third respondent has to take appropriate decision whether to allot the tender by way of negotiation with the tenderers or by drawing lucky draw. Therefore, the third respondent is directed to take appropriate decision on the representation of the petitioner dated 14.11.2011 in accordance with the conditions laid down in the tender notification in ROC No.475/2011-F1, dated 04.11.2011, particularly condition nos. 13 and 16 thereof, after giving notice to all the tenderers. 6. With the above direction, the Writ Petition is disposed of. No costs. ________________ (K.C.BHANU, J.) 15.12.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33133 OF 2011 Date: 15.12.2011