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2012 Supreme(AP) 1016

C.V.NAGARJUNA REDDY
PBR Select Infra Projects, Represented by its partner P. Bhaskar Reddy – Appellant
Versus
Commissioner of Tenders – Respondent


Advocates Appeared:
For the Petitioners:C.V. Mohan Reddy, P. Ananth Nageswar Rao, Advocates.
For the Respondent:R1 & R2, Government Pleader for Irrigation & Command Area Development, R3, Vemulapalli Prasad Rao, Advocate.

Judgment

Respondent No.2 has floated tender bearing IFB No. 09/RBLISP/2011-12, dated 24-3-2012 for construction of a Viaduct at K.M. 8.125 and earth work excavation and forming embankment from K.M. 7.500 to K.M. 9.000 of Low Level Right Main Canal of Sangambanda Balancing Reservoir, Sangambanda village, Makthal Mandal, Mahaboobnagar District. The estimated contract value is Rs.6,36,91,039/- and the period of completion of the work is prescribed as nine months. The tender process is in two stages, viz., technical evaluation and financial evaluation. The technical evaluation undertaken in the first stage pertains to the qualification and eligibility of tenderers and the financial bids of the qualified tenderers will be opened in the second stage. The petitioner and respondent No.3, among others, applied through e-Procurement and both of them were qualified in the first stage for opening of their price bids. On coming to know about the same, the petitioner addressed letters dated 19-5-2012 and 5-6-2012 wherein it has pointed out that respondent No.3 has not satisfied the eligibility criteria and therefore his price bid cannot be opened. However, despite the said objections, the price





















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