A. Ramalingeswara Rao, J.

1. Heard learned Senior Counsel, Sri Vedula Venkataramana for petitioner, Sri A. Jagan for respondent Nos. 2 and 3, and the learned Senior Counsel, Sri S. Ramachandra Rao, for respondent No. 4.

2. In this case, the facts are not in dispute. The petitioner was a transport contractor for transportation of food grains and other essential commodities of the second respondent Corporation. While so, the second respondent Corporation called for tenders for transportation of food grains, pulses or any other commodities from various places within and outside the district to various places within and outside the district under Stage-I excluding the transportation to fair price shop points for the year 2015-2016 (01.04.2015 to 31.03.2016) vide tender notification No. PDS 2/Movt./FG-5(1)/Stage-I Tenders/2015-16/TS dated 28.02.2015. The schedule of filing and opening of tenders is as follows:      

The petitioner along with the fourth respondent participated in the tenders. The tenders were opened on 10.03.2015. The petitioner's tender was rejected on the ground that the petitioner had not produced the permit certificate for lorry bearing No. AP 13 X 3012. The fourth respondent was declared as the successful tenderer.

3. The relevant tender condition on the basis of which the tender of the petitioner was rejected is clause 16(f) and it reads as follows:

"f) The copies of RC Books, latest Form 24 B (Registered abstract), Fitness Certificate and valid permits of own/hired vehicles declared in the tender along with hire agreement in case of hired vehicles, shall be furnished along with hard copies as per the time schedule. These documents need not be uploaded in eprocurement."

4. Clause 26, which reads as follows, is also relevant for the purpose of the present case.

"26. Tenderers should at least have 18 trucks of 10/17 Mts. capacity preferably 17 Mts. capacity each (owned/hired). Out of this, minimum 9 vehicles should be owned by the tenderer and the remaining 9 vehicles can be owned or hired. In case of hired vehicles, the tenderer should furnish hire agreement with the owners for a minimum period of one year otherwise they are not eligible to participate in tenders. Trucks involved in 6A cases/diversion cases and/or other trucks belonging to their owners should not be hired. Vehicle details should be furnished in the Tender form. Tenders found without vehicle details and/or copies of the vehicle RC Books along with copy of valid RTA permits stands automatically disqualified.

(a) The successful Tenderers have to utilize his/her/their own and hired vehicles which were declared in tenders for movement of food grains under Stage I in addition to engaging other vehicles without fail."

5. It is the case of the petitioner that it is having 12 own vehicles and 6 hired vehicles and has permit certificate for all the vehicles. It also submitted Earnest Money Deposit of Rs. 15.00 lakhs and quoted the lowest price i.e., - 5.03% on the existing rates. The allegation is that the tender of the petitioner was rejected with an intention to help the fourth respondent.

6. Respondent Nos. 2 and 3 filed a counter affidavit stating that tenders were called for 10 districts and in respect of tender notice for all the districts, as many as 23 tenders were received and after due technical verification,