WP/28887/2024 of Bhagyanagar Nirmal Lorry Owners Welfare Association Vs The Telangana Civil Supplies Corporation Ltd. on 31 December 2024

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

TUESDAY, THE THIRry FIRST DAY OF DECETUBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

WRIT PETITION NO: 28887 OF 2024

Between:

Bhagyanagar Nirmal Lorry Owners Welfare Association, Rep byits President A.Madhu Sudhan, R/o. 7-3-86/6, Bhagya Nagar, Back side of Hanuman Temple,Madhu Sudhan, R/o. 7-3-86/6, Bhagya Nagar, Back side of Hanuman Temple,Nirmal, 504106, Nirmal District....PETITIONERAND1. The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/4 CivilSupplies Bhavan Somajiguda Hyderabad Rep by its Chairman and ManagingDirector....PETITIONERAND1. The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/4 CivilSupplies Bhavan Somajiguda Hyderabad Rep by its Chairman and ManagingDirector.

AND

2. The Additional Collector and EOED, Telangana State Civil SuppliesCorporation Limited District Office Room No 219 and 220 2nd FloorCollectorate lntegrated District Offices Complex IDOC Nirmal 504106Telangana.Corporation Limited District Office Room No 219 and 220 2nd FloorCollectorate lntegrated District Offices Complex IDOC Nirmal 504106Telangana.

3. The District Manager, Telangana State Civil Supplies Corporation Limited,District Office, Room No. 219 and 22O, 2nd Floor, Collectorate, lntegratedDistrict Offices Complex (IDOC), Nirmal-504106, Telangana.District Office, Room No. 219 and 22O, 2nd Floor, Collectorate, lntegratedDistrict Offices Complex (IDOC), Nirmal-504106, Telangana.

4. The Food Corporation of India, 1620 Barakhamba Lane NewDelhil10001 Repby its Chaiman and Managing Director.by its Chaiman and Managing Director.

5. The General Manager Regional, Regional Office Food Corporation of lndia3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.

6. Nirmal Lorry Owners Welfare Society, Rep by its President Mohammed AbudS/o Md Osman, Aged 47 years Occ Business Fl/o H.No. 15-12-29811,Gajulpet, Nirmal, Nirmal District T S 504106.S/o Md Osman, Aged 47 years Occ Business Fl/o H.No. 15-12-29811,Gajulpet, Nirmal, Nirmal District T S 504106.

7. The State of Telangana, Rep by its Principal Secretary CivilSuppliesDepartment Secretariat Saifabad Hyderabad.Department Secretariat Saifabad Hyderabad.

8. The Union of lndia, Ministry of Consumer Affairs Food and PubliclDistributionRep by its Secretary Krishi Bhavan New Delhi 1 10 001Rep by its Secretary Krishi Bhavan New Delhi 1 10 001

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue an appropriate writ, order or direction, more particularly one inthe nature of Writ of Mandamus declaring the action of Respondent Civil SuppliesCorporation in accepting the invalid technical bid of 6th Respondent and takingsteps to appoint the 6th Respondent as the Transport Contractor for NirmalSector of Nirmal District under Short e-Tender Notice bearing , Lr.No.Mktg/10/Paddy -and. Gunny Trans./KMS 2024-25, dated 23-09-2024 as illegal,unjust, arbitrary, discriminatory, vitiated by malafides, suffers from lack ofjurisdiction and violative of the principles of natural justice and also contrary to theTender Notice dated 23.-09-2024 and consequently direct the Respondent CivilSupplies Corporation to reject the tender of the 6th Respondent and to appointthe Petitioner as the transport contractor for Nirmal Sector, Nirmal District underthe Tender Notice dated 23-09-2024.the nature of Writ of Mandamus declaring the action of Respondent Civil SuppliesCorporation in accepting the invalid technical bid of 6th Respondent and takingsteps to appoint the 6th Respondent as the Transport Contractor for NirmalSector of Nirmal District under Short e-Tender Notice bearing , Lr.No.Mktg/10/Paddy -and. Gunny Trans./KMS 2024-25, dated 23-09-2024 as illegal,unjust, arbitrary, discriminatory, vitiated by malafides, suffers from lack ofjurisdiction and violative of the principles of natural justice and also contrary to theTender Notice dated 23.-09-2024 and consequently direct the Respondent CivilSupplies Corporation to reject the tender of the 6th Respondent and to appointthe Petitioner as the transport contractor for Nirmal Sector, Nirmal District underthe Tender Notice dated 23-09-2024.

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to stayall further proceedings in pursuance of the Short e-Tender Notice bearingLr.No.Mktg/1O/Paddy and Gunny Trans./Kl\AS 2024-25 dt.23.9.2024 to the extentof Nirmal Sector of Nirmal District, pending disposal of the above writ petition.

lA NO: 2 OF 2024

Between

Nirmal Lorry Owners Welfare Society, Rep by its President Mohammed Abud S/o MdOsman, Nirmal District Aged T 47 S 504106.years Occ Business Rt/o H.No. 15-12-29811 , Gatulpet, Nirmal,

...PETITIONER/RESPONDENT No.6

AND

1Bhagyanagar Nirmal Lorry Owners Welfare Association, Rep by its PresidentA. Madhu Sudhan, R/o. 7-3-86/6, Bhagya Nagar, Back side of HanumanTemple, Nirmal, 504106, Nirmal District.A. Madhu Sudhan, R/o. 7-3-86/6, Bhagya Nagar, Back side of HanumanTemple, Nirmal, 504106, Nirmal District.

...RESPONDENT/WRIT PE?INOruCR

2The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/A CivilSupplies Bhavan Somajiguda Hyderabad Rep by its Chairman and ManagingDirector.Supplies Bhavan Somajiguda Hyderabad Rep by its Chairman and ManagingDirector.

JThe Additional Collector and EOED, Telangana StateCivil SuppliesCorporation Limited District Office Room No 219 and220 2nd FloorCollectorate lntegrated District Offices Complex IDOCNirmal 504106Telangana.Corporation Limited District Office Room No 219 and220 2nd FloorCollectorate lntegrated District Offices Complex IDOCNirmal 504106Telangana.

4]fe [Dis(1gt Manager, Telangana ][State ][Civil Supplies Corporation ][Limited,]District Office, Room No. 2JQ and 22O, 2nd Flobi, Cottectbrate, lntegratedDistrictofficesComplex(lDoC),Nirmal-504106,Telingana.District Office, Room No. 2JQ and 22O, 2nd Flobi, Cottectbrate, lntegratedDistrictofficesComplex(lDoC),Nirmal-504106,Telingana.

5The Food.Corporation of lndia, 1620 Barakhamba Lane NewDelhill O.b0l Repby its Chaiman and Managing Director.by its Chaiman and Managing Director.

6The_General_Manager Regional, Regional Office Food Corporation of lndia3rd Floor HACA Bhavan Public Gardehs Road Hyderabad 50OOO4.3rd Floor HACA Bhavan Public Gardehs Road Hyderabad 50OOO4.

7The State of Telangana, Rep by its Principal Secretary Civil SuppliesDepartment Secretariat SaifabaiJ Hiderabad.Department Secretariat SaifabaiJ Hiderabad.

IThe Union of lndia, Ministry of Consumer Affairs Food and Public DistributionRep by its Secretary Krishi Bhavan New Delhi 1 10 001Rep by its Secretary Krishi Bhavan New Delhi 1 10 001

...RESPONDENTS/RESPONDENTS

Petition under Section ['l ]5'l CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tovacate the interim orders dated ['18-10-2024 ]passed in W.p. No. 28887 of 2024and Subsequently extended ill 11-11-2024.

Between:

The Dis_lrict Manager, Telangana State Civil Supplies Corporation Limited, DistrictOffice, Room No. 219 and 220,2nd Floor, Colldctorate, lntegrated District OfficesComplex (l DOC), Nirmal-504'l 06, Telangana.

...PETITIONERYRESPONDENT No.3

AND

1 . Bhagyanagqr Nirmal Lorry Owners Welfare Association, Rep by its PresidentA. Madhu Sudhan, Fl/o. 7-3-86/6, Bhagya Nagar, Back Side of HanumanTemple, Nirmal, 504'106, Nirmal District.A. Madhu Sudhan, Fl/o. 7-3-86/6, Bhagya Nagar, Back Side of HanumanTemple, Nirmal, 504'106, Nirmal District.

...RESPONOENT/PETITION ER2. The Telangana Civil Supplies Corporation Ltd., TSCSCL 53655/1/A Civil9ypplies [Bhavan Somajiguda Hyderabad Rep by its Chairman ][an{ ][Managing]Director.9ypplies [Bhavan Somajiguda Hyderabad Rep by its Chairman ][an{ ][Managing]Director.3The Additional Collector and EOED, TelanganaState Civil SuppliesCorporation Limited District Office Room No 219and 220 2nd FloorCollectorate lntegrated District Offices ComplexIDOC Nirmal 504106Telangana.Corporation Limited District Office Room No 219and 220 2nd FloorCollectorate lntegrated District Offices ComplexIDOC Nirmal 504106Telangana.

4The Food Corporation of lndia, 1620 Barakhamba Lane NewDelhil10001 Repby its Chaiman and Managing Director.by its Chaiman and Managing Director.

5. The General [Manager Regional, Regional ][Office ][Food Corporation ][of ][lndia]3rd Floor HACA Bhavan [Public Gardens ][Road ][Hyderabad ][500004.]3rd Floor HACA Bhavan [Public Gardens ][Road ][Hyderabad ][500004.]

6. Nirmal Lorry [Owners Welfare Society, Rep by ][its ][President Mohammed Abud]S/o Md O3man, Aged 47 [years ][Occ ][Business Rl/o ][H.No. ][15-12-29811 ],Gajulpet, Nirmal, Nirmal [District ][T ][S 504106.]S/o Md O3man, Aged 47 [years ][Occ ][Business Rl/o ][H.No. ][15-12-29811 ],Gajulpet, Nirmal, Nirmal [District ][T ][S 504106.]

7. The State of [Telangana, ][Rep ][by ][its ][Principal Secretary ][Civil ][Supplies]Department Secretariat [Saifabad ][Hyderabad.]Department Secretariat [Saifabad ][Hyderabad.]

B. The Union of [lndia, ][tr/inistry ][of ][Consumer ][Affairs ][Food ][and ][Public Diskibution]Rep by its Secretary [Krishi Bhavan New Delhi ]['l ][10 ][001]Rep by its Secretary [Krishi Bhavan New Delhi ]['l ][10 ][001]

...RESPONDENTS/RESPONDENTS

Petition under Section [151 ][CPC praying that in the circumstances stated ][in]the affidavit [filed ][in ][support ][of ][the ][petition, ][the ][High ][Court may ][be ][pleased ][to]vacate the [interim ][order dated ][: ]['lB-10-2024 ][passed ][in l.A. ][No. 1 of ][2024inWP]No. 28887 [of ][2024 ][and ][as ][extended ][from time ][to time.]

Counselfor thePetitioner : SRI K.SHASHIDAR GOUDCounselfor theRespondent No.1,2&7: GP FOR CIVIL SUPPLIESCounselfor theRespondent No.3 : M/s.T.P.ACHARYACounselfor theRespondent No.4&5 : SRI PUNDLA BHASKARA MOHAN,SC FOR FCI

Counselfor theRespondent No.6 : SRI JELLA SRIKANTH

Counsel for [the Respondent ][No.8 : ][SRI ][GADI ][PRAVEEN KUMAR,]DY.SOL.GENERAL

The Court made [the ][following: ][ORDER]

,

/+

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVIW.P.NO. 28aa7 0F 2024

ORDER:

In this writ petition, the petitioner is challenging theaction of the respondents in accepting the technical bid ofrespondent No.6 and taking steps to appoint the respondentNo.6 as the Tralsport Contractor for Nirmal Sector of NirmalDistrict under short e-Tender Notice dated 23.09.2024 fortransportation of [paddy ]and [gunny ]bags and to [pass ]such otherorder or orders in the interest ofjustice.

2. Learned counsel forthe petitioner submitted thatthe petitioner has raised severalobjections with regard to thedocuments submitted by therespondent No.6, but therespondents No.2 to 5 havenot taken the same intoconsideration and are trying tofinalize the tender with therespondent No.6.

3. Learned Standing Counsel for Corporation,however, submitted that initially a short e-tender notice wasissued and when it was found that all the tenderers weredisqualified, the said tender [was ]cancelled and a fresh terider+otice [was issued ][and the ][respondent ][No.6 ][has ][been ][found ][to]

&

o

TMD,JW.P,No. 2aa87 oJ 2024

be the L1 tenderer and the writ petitioner as L2 tenderer. It issubmitted that [jn ]the tenders submitted pursuant to the, secondtender also certitin defects were found in all the tenders and allthe participants had accepted to overlook such objections andhave given zrn undertating that they have no objection foropening of the hnalcial bids and only thereafter, finance bidhas been openerl and the respondent No.6 has been found to bethe successful bidder. It is submitted that after the respondentthe participants had accepted to overlook such objections andhave given zrn undertating that they have no objection foropening of the hnalcial bids and only thereafter, finance bidhas been openerl and the respondent No.6 has been found to bethe successful bidder. It is submitted that after the respondentNo.6 has ber:n found to be the successful bidder, the writpetitioner has raised the objections by way of an e_rnail onO4.7O.2O24. [{e r so referred to the time therein to demonstratethat the objections have been raised at 6.30 p.m., i.e ., afteropening of the hnancial bid which cannot be entertained.that the objections have been raised at 6.30 p.m., i.e ., afteropening of the hnancial bid which cannot be entertained.

4. krarred counsel for the respondent No.6 aisc, filed acounter afficlavit and submitted that the respondent No.6 hasfurnished a1l the relevant documents and that, it being L 1tenderer, is eligible to be awarded the contract.

.J.This Court, by way of interim order dated78.tO.2024,had directed the respondents not to hnalize thetender.tender.

:t.

fr':.,tir

[I]'

T&D,Jw.P.I{o. 28aa7 ol 2024

6.

6. After hearing all the parties and also going throughtJle relevant material, this Court hnds that the objections of thepetitioner the constitulion of membership of tfie-about petitioner's society have to be considered by the respondent:authorities as they go to the root of matter. As regards theobjections about the hired vehicles ald agreementsifor suchvehicles, the oflicial respondents have frled the copies of theagreements before this Court and the learned counsel for thepetitioner has not been able to point out any defects with regardto such agreements. Therefore, the only objection is with regardto the constitution of membership of respondent No.6 societ5rand the documents filed by the respondent No.6. Therefore, thisCourt deems it fit and proper to direct the respondent No.2 tolook into the objections of the petitioner with regard to theconstitution of membership of the society and also whether thevehicles shown as own vehicles are in respect of the members ofthe societ5r and thereafter , fiia7izr-. the tender in accordalce withthe tender conditions. The entire process shal1 be completedwithin a period of one (1) week from the date of receipt of a copyof this order.

,.

7 . Accordingly, this writ petition is disposed of. Thereshall be no order as to costs.shall be no order as to costs.

I,

TMD,J

w.P.No. 2aag? of 2024

8. Miscr:lianeous petitions, if any, pending in this writ petition, shall stand closed.

SD/-P.CH.NAGABHUSHAMBAASSISTANT REGISTRAR

//TRUE COPY//

l-'SECTION OFFICER

To,

1. The Chairman and l\/anaging Director, Telangana Civil Supplies CorporationLtd., TSCSCL 53655/1/A Civil Supplies Bhavan Somajiguda Hvderabad.Ltd., TSCSCL 53655/1/A Civil Supplies Bhavan Somajiguda Hvderabad.

2. The Additional Collector and EOED, Telangana State Civil SuppliesCorporation Limited District Office Room No 219 and 220 2nd FloorCollectorate lntegrated District Offices Complex IDOC Nirmal 504106Telangana.Corporation Limited District Office Room No 219 and 220 2nd FloorCollectorate lntegrated District Offices Complex IDOC Nirmal 504106Telangana.

3. The District Manager, Telangana State Civil Supplies Corporation Limited,District Office, Room No. 219 and 22O, 2nd Floor, Collecto'ate, lntegratedDistrict Offices Complex (IDOC), Nirmal-504106, Telangana.District Office, Room No. 219 and 22O, 2nd Floor, Collecto'ate, lntegratedDistrict Offices Complex (IDOC), Nirmal-504106, Telangana.

4. The Food Corporation of lndia, 1620 Barakhamba Lane NewDelhil1000'l Repby its Chaiman and Managing Director.by its Chaiman and Managing Director.

5. The General Manager Regional, Regional Office Food Corporation of lndia3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.3rd Floor HACA Bhavan Public Gardens Road Hyderabad 500004.

6. The Principal Secretary Civil Supplies Department State of Telangana,Secretariat Saifabad Hyderabad.Secretariat Saifabad Hyderabad.

7. The Secretary, Union of lndia, Ministry of Consumer Affairs Food and PublicDistribution Krishi Bhavan New Delhi 110 001Distribution Krishi Bhavan New Delhi 110 001

8. One CC to SRI K.SHASHIDAR GOUD, Advocate. [OPUC]

9. One CC to SR1 GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia),High Court for the State of Telangana at Hyderabad. [OPUC]High Court for the State of Telangana at Hyderabad. [OPUC]

10. Two CCs to GP FOR CIVIL SUPPLIES, High Cou( for the State of Telanganaat Hyderabad. [OLIT]at Hyderabad. [OLIT]

1 1. One CC to SRI PLINDLA BHASKARA MOHAN, SC FOR FCl. [OPUCI

12. One CC to SRI T.P.ACHARYA, Advocate. [OPUC][OPUC]

:

13. One CC to SRI JELLA SRIKANTH, Advocate. [OPUC]

14. Two CD Copies.

BSK

q BSK

I

HIGH COURT

DATED:31 11212024

ORDERWP.No.28887 of 2024

DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

3\\d"rW

CC TODAY

'a:::= [_<]ar.- "-\-,/ ...t\1\^ [rt ][\.,-i]cr t