ORDER:

The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the action of the respondents in executing the work by the 2nd and 3rd respondent is against the G.O.Ms.No.171 M.A. dated 01.5.2004 and without opening the financial bid of petitioner towards the tender notification in proceedings Rc.No.1469/2020/S4(II), dated 12.01.2021 for transportation of Teak timber (Final Harvesting) I 1967 TP Kovvada RF-II, Kotrupalli Beat of P.R.Gudem section of Kannapuram Range, West Godavari District is illegal and arbitrary. order of the 3rd respondent issued in Rc.No.60/2020/A1 dated 12.5.2020 as illegal, arbitrary and consequently direct the 3rd respondent to permit the petitioner to conduct the business.

2. As per the averments in the affidavit, the 2nd respondent i.e. Divisional Forest Officer, Logging Division, Jangareddygudem, West Godavari District has issued tender notification in Rc.No.1469/2020/S4(II), dated 12.01.2021 for transportation of teak timber (final harvesting) I 1967 TP Kovvada RF-II, Kotrupalli Beat of P.R.Gudem section of Kannapuram Range and pursuant to the said notification, the petitioner alone participated in the above tender for an amount of Rs.8,88,323/-. 3rd respondent herein who is the District Forest Officer, Eluru Division, West Godavari District without considering the tender of the petitioner and without canceling and without finalizing the same, he kept the tender notification pending. To know the status of the tender, the petitioner approached the 2nd and 3rd respondents requesting to finalize the tender and award the contract for commencing the work, as per the guidelines of e- procurement tender. When the petitioner approached and requested the 2nd and 3rd respondent to open the bid and award contract to the petitioner, but surprisingly the 2nd and 3rd respondent executed above tender work with third parties and kept the tender application of the petitioner in hold without deciding the tender or without rejecting application which is illegal and against G.O.Ms.No.20 dated 06.7.2004. The 2nd and 3rd respondents are undertaking the work through their benamis for getting profits and misusing the procedure of e- procurement tenders. In view of the said circumstances, the petitioner has made a representation to the 1st respondent on 05.02.2021 narrating the irregularities in tender procedure by the 2nd and 3rd respondents. As there is no action from them, the present writ petition is filed.

3. Considering the submissions made by the petitioner, this Court has passed the following interim order:

…..Having considered the submissions of both the counsel in the opinion of this Court, this is a fit case to grant interim direction to the respondents.

Accordingly, there shall be an interim direction to the respondents not to execute the work with anybody for the works which were mentioned in the tender notification dated 12.01.2021, till finalization of the tender process”.

4. After notice, the 3rd respondent has filed counter wherein it was categorically stated that e-procurement notice was notified inviting e- tenders in Eluru Division, Eluru for executing the DET works for extraction and transportation of Teak timber in 1967 T.P.Kovvada RF- II, Kotrupalli Beat of P.R.Gudem Section of Kannapuram Range during the year 2020-21. According to the said notification, the tender has to be opened on 28.01.2021. But, due to the implementation of model code of conduct for panchayat elections i.e. on 23.01.2021, they could not able to process the tender. And the above said works are to be carried out in Rural Mandal, a report was submitted to the Chief Conservator of Forests, Rajahmundry through their letter dated 26.01.2021 requesting to issue necessary permission to take up the said work through department itself. In fact as per G.O.Ms.No.2 EFS&T (For.III) department dated 07.01.2004, opening of tenders was scheduled on 28.01.2021 and in view of model code of conduct, the same could not be