HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.19512 OF 2020

ORDER:

Heard Sri Gudi Madhusudhan Reddy, learned counsel appearing on behalf of the petitioner and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries appearing on behalf of respondent Nos. 1 to 3.

2. The petitioner approached the Court seeking prayer as under:

“ … to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in not issuing the allotment letter to the petitioner, who is the successful bidder through draw of lots on 8-7-2020 in pursuance of the Notice inviting tenders (NIT) vide Tender ID No. 166068 dated 1.2.2020 for providing the security guards at Ramagundam on outsourcing for the last more than 3 months even though the petitioner made a representation on 30.10.2020 as arbitrary and illegal and contrary to the tender notice and consequently direct the respondents to forthwith issue allotment letter to the petitioner and pass...”.

3. Amended prayer filed by the petitioner vide I .A. No.1 of 2021 in W.P. No.19512 of 2020 is under:

“ … declaring the action of the respondent No.3 in issuing the proceedings vide RG3/PD/01/ER31900356/ 2020/967, dated 09.12.2020 rejecting the case of the petitioner for issuance of allotment letter for providing the security guards is not technically is not acceptable as arbitrary and illegal and contrary to the tender notification dated 1.2.2020 and also contrary to clarification issued by the Labour Enforcement Officer (central) vide No.95/Misc./2020/MCL, dated 14.7.2020” consequently set aside the proceedings No. RG3/PD/01/ ER31900356/2020/967 dated 09.12.2020 issued by the respondent No.3 and direct the respondents to issue allotment letter for providing the security guards” instead of “declaring the inaction of the respondents in not issuing the allotment to the petitioner, who is the successful bidder through draw of lots on 8-7-2020 in pursuance of the Notice inviting tenders (NIT) vide Tender ID No. 166068 dated 1.2.2020 for providing the security guards at Ramagundam on outsourcing for the last more than 3 months even though the petitioner made a representation on 30.10.2020 as arbitrary and illegal and contrary to the tender notice and consequently direct the respondents to forthwith issue allotment letter to the petitioner and pass...”.

4. The said I.A. No.1 of 2021 in W.P. No. 19512 of 2020 is allowed by this Court vide its order dated 10.03.2021.

5. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

a) It is the specific case of the petitioner that the 2^nd respondent had issued Notice inviting tenders vide Tender ID No. 166068, Enquiry Number ER3190356 dated 01.02.2020 for providing 41 security guards on outsourcing basis for guarding and patrolling at sites and camps at RG3 Area under unit rate system for a period of 3 years and bid submission starting date was 17.02.2020 and closing date is 10.3.2020 at 12.00 PM. Through the said tender notification, the respondents clearly specified the special terms and conditions of the tender at SI No. 2 (i.e., Evaluation criteria for commercial order) stating that the contract shall be awarded by conducting the draw of lottery among the technically and commercially qualified bidders.

b) Subsequently, the petitioner firm submitted the tender through E-tendering process on 10.03.2020 as per the norms prescribed by the respondents in the tender notification dated 01.02.2020. Thereafter, as per the procedure the respondent No. 2 issued the shortfall notice to submit the valid registration certificate under shops and establishment Act and valid license for deployment of contract labour for previous one year. The time for submitting the shortfall documents was from 11.05.2020 to 16.05.2020 and the petitioner herein had submitted the shortfall documents within ti