COMMON ORDER :

Heard Sri R.N. Hemendernath Reddy, learned Senior Counsel representing Sri Madas Bharath Chandra, learned counsel for the petitioner in WP.No.43886 of 2022, learned Special Government Pleader representing learned Additional Advocate General for respondents 1 and 2, and Sri A. Sudershan Reddy, learned Senior Counsel representing Sri A. Prabhakar Rao, learned counsel for the respondent No.3. Sri Addesh Varma learned counsel for the petitioner in WP.No.46306 of 2022, Sri M. Nagaiah, learned counsel for the petitioner in WP.No.236 of 2022 and learned Special Government Pleader representing learned Additional Advocate General for the respondents.

2. In WP.No.43886/2022 and W.P.No.46306/2022 the petitioners have challenged the Tender Reference No.3347/SNP/2022, dated 21.11.2022 issued by the respondent No.2/Commissioner, Women Development and Child Welfare Department (WD & CW) Department, Hyderabad.

3. In W.P.No.236/2023, the petitioner questioned the action of the respondents in not examining and not considering the e-mail representations dated 29.12.2022 and 31.12.2022 as illegal.

4. As a common question of fact and law are involved in all three writ petitions, they were heard together and are being disposed of by way of common order with the consent of the learned Counsel for the petitioners as well as respondents.

5. The petitioners in WP.No.43886 of 2022 and WP.No.46306 of 2022 are challenging the impugned Tender Reference No.3347/SNP/2022 dated 21.11.2022 issued by the respondent No.2, which is against the interest of small poultry farmers and floating the present tender by implementing the zonal system in place of existing I.C.D.S. projects for procurement of eggs and consequently to direct the respondents to float back to I.C.D.S. project-wise tender for procurement of eggs by revising the terms and conditions in the interests of poultry farmers, and to pass such other suitable order as this Court may deem fit and proper in the circumstances of the case.

6. The petitioner in WP.No.236 of 2023 is challenging the impugned action of the respondents in not considering the e-mail representations, dated 29.12.2022 and 31.12.2022 respectively as illegal and sought consequential direction to declare the petitioner’s firm, as a qualified participant in a technical bid along with others in respect of Zonal-IV and V, pending disposal of the writ petition.

7. Brief facts leading to the filing of this writ petitions emerge from the writ affidavits are as follows:

Respondent No.2 issued Tender Reference dated 21.11.2022 calling tenders at State Level Zonal Tender for the procurement and supply of Eggs (Hen) as per "Agmark" specifications and other processing/grading conditions mentioned in the tender for a period of two years i.e., January 2023- December 2024 to the beneficiaries under the flagship Arogyalaxmi and supplementary nutrition programme. In the said tender reference, respondent No.2 stated the procurement of eggs by floating state-level zonal tender for seven zones as per the zonal system of the Government of Telangana and further mentioned that the tenderer can bid for a maximum of two zones. The qualifying condition prescribed for the tender document should be fulfilled by the tenderer separately. The successful tenderer after agreeing with the Department of Women Development & Child Welfare has to supply eggs (Hen) as per "Agmark" specification (Medium Agmark quality eggs each weighing 45 to 52 grams) and other specifications mentioned in the tender document for two years as per the monthly indent given by the Department of Women Development & Child Welfare. The supply should be done to Anganwadi Centres (AWCs) as per the schedule specified by the Department of Women Development & Child Welfare. The downloading bid document starts from 22.11.2022 at 11:00 a.m;

pre-bid meeting was scheduled in the Chamber of the Commissioner, WD&CW Department on 24.11.2022; closing date for downloading bid document and also the last da