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2022 Supreme(Telangana) 145

A.ABHISHEK REDDY
Venkata Srisai Industries – Appellant
Versus
Telangana Medical Services – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Srinivas Gangishetti.
For the Respondent: P. Kishore Rao.

Judgement Key Points

What is the effect of non-disclosure or suppression of material facts in a writ petition challenging tender actions? What are the maintainability and permissible remedies where a party participated in a fresh tender process and seeks relief under Article 226/Article 136? How should courts handle petitions filed with undisclosed participation in related tender processes, in light of precedents like G. Narayanaswamy Reddy, Prestige Lights, and S.P. Chengalavaraya Naidu?

What is the effect of non-disclosure or suppression of material facts in a writ petition challenging tender actions?

What are the maintainability and permissible remedies where a party participated in a fresh tender process and seeks relief under Article 226/Article 136?

How should courts handle petitions filed with undisclosed participation in related tender processes, in light of precedents like G. Narayanaswamy Reddy, Prestige Lights, and S.P. Chengalavaraya Naidu?


ORDER :

1. Assailing the action of the respondents in not receiving the finished produces as per the purchase Order No. 10226.01/2K20-Q1/EPICovid/9870 (10282001031) dated 07.04.2020 placed by respondent No. 1 to the petitioner and also for inviting fresh tenders for supply of the same goods as mentioned in the said purchase order i.e. for supply of 5 lakh sterilized disposable bed sheets and 5 lakh sterilized disposable pillow covers, without issuing any notice to the petitioner, as illegal and arbitrary, the present Writ Petition is filed.

2. Heard the learned counsel for the petitioner, learned Government Pleader for Medical and Heard for respondent No. 2, Sri. P. Kishore Rao, learned Standing Counsel for respondent No. 1 Corporation and Sri. Vedula Srinivas, learned counsel for the unofficial respondents.

3. Learned counsel for the petitioner has stated that initially the petitioner was the successful bidder for supply of 5 lakh sterilized disposable bed sheets and 5 lakh sterilized disposable pillow covers and the purchase order dated 07.04.2020 has also been placed by respondent No. 1 and the total value of the consignment is Rs. 3,20,00,000/-. After receiving the purchase order,

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