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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Tharu And Sons, Rep. By Its Authorised Signatory – Appellant
Versus
Leotech Process, Rep. By Its Proprietor – Respondent
| Table of Content |
|---|
| 1. overview of the tender process and parties involved. (Para 1 , 2 , 3 , 7) |
| 2. arguments on disclosures and qualifications based on tender conditions. (Para 4 , 5 , 6) |
| 3. requirements of full disclosure under e-tender conditions. (Para 8 , 9 , 10 , 11 , 12) |
| 4. interpretation of disqualification clauses in tender conditions. (Para 13 , 14 , 15 , 16 , 18) |
| 5. importance of consistency and fairness in tender decision-making. (Para 20 , 21 , 22) |
| 6. judicial restraint in tender disputes and grounds for interference. (Para 23 , 24 , 25) |
| 7. conclusion directing the railway to review qualifications. (Para 26 , 27 , 28) |
JUDGMENT :
Moushumi Bhattacharya, J.
1. The Writ Appeal arises out of an order passed by a learned Single Judge on 15.12.2025 in W.P. No.23084 of 2025 filed by the respondent No.1 herein (M/s. Leotech Process) for a Writ of Mandamus seeking to declare the action of the respondent Nos.3, 4 and 5 therein (South Central Railway, Secunderabad) in qualifying the appellant in respect of a Tender Notice dated 15.05.2025 as being illegal and contrary. By the impugned order, the learned Single Judge allowed the Writ Petition and set aside the qualification of the appellant in
Tendering Authority's interpretation of its own tender conditions prevails; suppression of material facts results in disqualification.
A bid must fully disclose prior terminations and debarments; failure to do so invalidates qualification under tender conditions.
The judgment establishes the importance of meeting essential tender conditions, particularly the financial qualification criteria, and the consequences of non-compliance.
The judgment establishes the importance of meeting essential conditions in a tender process and emphasizes the significance of complying with prescribed formats in tender documents.
Public procurement processes must adhere to principles of transparency, fairness, and natural justice, especially in communicating reasons for bid disqualifications.
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