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1999 Supreme(AP) 509

V.ESWARAIAH
PROGRESSIVE CONSTRUCTIONS LTD. – Appellant
Versus
SUPERINTENDING ENGINEER, IRRIGATION, TELUGU GANGA PROJECT CIRCLE – Respondent


Advocates Appeared:
Sh. B. Adinarayana Rao, Counsel for the Petitioner.
Government Pleader for Irrigation for Respondent Nos.1 to 3. Sh. O. Manohar Reddy, Counsel for Respondent No.4.

JUDGMENT

V. Eswaraiah, J. - Heard the learned Counsel for the petitioner as well as the respondents. Both the Counsel have agreed for final disposal of the writ petition.

2. The Petitioner-Progressive Constructions Limited, seeks to issue a writ of mandamus declaring the action of the respondents 1 to 3 in not opening cover-B of the petitioner's bid in respect of Tender Notice No. 2 CBR/98-99, dated 10-3-1999 on the ground that the petitioner-company is not qualified to bid in accordance with the terms of the tender is irrational, arbitrary and violative of Article 14 of the Constitution of India and to direct them to open the bid and evaluate the same along with other tenders.

3. Facts of the case, in brief, are as follows : The matter relates to the construction of Chitravathi Balancing Reservoir near Parnapalli village, (balance work and rectification works) at Cuddapah District. The Superintending Engineer (Irrigation), Telugu Ganga Project Circle, Cuddapah, issued tender notification No. 2 CBR/98-99, dated 10-3-1999 inviting tenders from the contractors registered in I and CAD Department and there was an amendment to the tender notice which was published in Vaartha News daily



























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