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IN THE HIGH COURT OF TELANGANA
N.V. Shravan Kumar
Mohammed Saleem – Appellant
Versus
State of Telangana Rep by its Secretary Ministry of Animal Husbandry Dairy Development and Fisheries – Respondent
| Table of Content |
|---|
| 1. tender cancellation process and requirements. (Para 1 , 2) |
| 2. overview of tender submission and qualifications. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding tender criteria. (Para 8 , 9 , 10 , 11) |
| 4. counterarguments from the respondents. (Para 12 , 13 , 15) |
| 5. court's analysis of tender processes. (Para 31 , 32 , 33 , 34) |
| 6. final order and dismissal of petitions. (Para 46 , 47 , 48 , 49) |
ORDER :
N.V. Shravan Kumar, J.
W.P.No.18543 of 2024 is filed to declare the Order dated 08.07.2024 vide Proc.No.648/T2/MAF/2021 whereby the second respondent cancelled the Tender Notification No.684/T2/MAF/TSSGDCFL/2021 dated 01.09.2023 for the work of Redevelopment of Modern Abattoir Facility MAF, Chengicherla on “Redevelopment, Operate, Maintain and Transfer (ROMT) basis in PPP mode” after opening the price bid of the petitioner as illegal, contrary to law and to set aside the same and consequentially to award the tender for the work of “Redevelopment of Modern Abattoir Facility MAF Chengicherla on Redevelopment, Operate, Maintain and Transfer (ROMT) basis in PPP mode” to the petitioner.
Writ Petition Nos.25466, 27046, 27104 and 34350 of 2023 are filed to declare the Request for P
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
The cancellation of a tender process before technical evaluation does not confer vested rights to bidders, and adherence to procurement laws is mandatory in future processes.
The authority's interpretation of tender conditions is paramount, and non-compliance with explicit requirements justifies cancellation of bids.
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