IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2763 of 2008 Between S.Ramesh …Petitioner and 1. Andhra Pradesh State Civil Supplies Corporation Limited, Rep. By Vice Chairman & Managing Director, 6-3-655/1/A, CS Bhavan, Somajiguda, Hyderabad, and, anr. 2. The AP State Civil Supplies Corporation Limited, District Office, rep. By Joint Collector & EOED, Cooperative Colony, Kadapa, Kadapa District. …Respondents. 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the second respondkent in issuing tender notice for State Ii Transport Contractor through his proceedings No.Movt/Stage.II/1/2008-09, dt. 30-1-2008 and calling for sealed tenders for transportation of essential commodities from MLS Point to the door steps for Fair Price Shops in respect of Kondur Mandal in Kadapa District without extending the period for a further period of three months on the same rates terms and conditions is illegal and arbitrary consequently direct the respondents to extend the period for a further period of three months on the same rates terms and conditions by canceling the tender notice dt. 30-1- 2008 in respect of Kodur Mandal in Kadapa district and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.ARIFULLAH Counsel for the Respondent No.: MR.D.LINGA RAO The Court made the following : THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO :2763 of 2008 ORDER: In this Writ Petition, the petitioner questions the validity of the tender notice dated 30-1-2008 issued in proceedings No.Movt/Stage.II/1/2008-09, by which, bids were invited for appointment of Second Stage Transport contractor for the year 2008- 09 for transportation of essential commodities from Mandal Level Stockiest point to the door steps of Fair Price Shops in respect of Kodur Mandal in Kadapa District. The petitioner was a contractor for transportation of essential commodities from Mandal Level Stockiest point to the door steps of Fair Price Shops for the year 2007-08. It is fairly submitted by the learned Counsel for the petitioner that the agreement entered into by the petitioner was valid up to 31-3-2008. The grievance of the petitioner is that there was some delay on the part of the respondents in calling tenders for the year 2007-2008, and, as such, they are not able to execute the work for a full one year period. The learned Counsel relied on one of the clauses in the agreement, which empowers the Corporation to extend the period of contract with the approval of the first respondent. Even according to the petitioner, the petitioner was a Stage II transport contractor for the year 2007-2008 and for the said period, Tenders were called in the month of May, 2007 and on acceptance of the petitioner’s bid, agreement was entered into with the respondents, for a specific period from 25-6-2007 to 31-3-2008. Therefore, it is not open for the petitioner to question the tender notice, which is issued for the period beyond 31-3-2008. Tender notice dated 30-1-2008 is issued inviting bids for transportation of essential commodities, commencing from April, 2008 to March, 2009. In that view of the matter, I do not find any infirmity or illegality in the tender notice dated 30-1-2008 issued by the respondent-Corporation. However, it is stated that the petitioner did not complete the one year contract tenure and he got issued notice dated 7-2-2008 for extension of the contract further for a period of three months. It is clarified that this order will not preclude the respondents from considering the notice/representation of the petitioner dated 7-2- 2008 in terms of the agreement entered with the petitioner. Subject to the above observation, the Writ Petition is disposed of at the admission stage. No order as to costs. --------------------------------- JUSTICE R. SUBHASH REDDY DATE: 18-2-2008 Msnr. To 1. The Vice Chairman & Managing Director, Andhra Pradesh State Civil Supplies Corporation Limited, 6-3-655/1/A, CS Bhavan, Somajiguda, Hyderabad, and, anr. 2. The Joint Collector & COCD, The AP State Civil Supplies Corporation Limited, District Office, Cooperative Colony, Kadapa, Kadapa District. 3. Two CD copies 4. Two Spare copies.