THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.12607 OF 2024

ORDER:

The petitioner has challenged the forfeiture of the bid security (EMD) amounting to Rs.17,90,000/- submitted as per the tender No.STN-473/19 on the ground that forfeiture was unjust and that the purported alteration in the bid price was due to a bona fide typographical error.

2. Heard Sri Murlinarayan Bung, learned counsel for the petitioner; learned Government Pleader for Energy, for respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited (TGSPDCL), for respondent Nos.2 to 4.

3. It is an admitted fact that the petitioner submitted its financial bid containing a clerical mistake in the quoted price for MS Flats, typed as Rs. 4,725/- instead of Rs. 47,825/-. The petitioner promptly informed the respondents about this error by letter dated 18-06-2019, seeking correction.

4. The respondent authorities, relying on Clause 19.9 of the tender terms, treated the said letter as an alteration of the priced bid during the bid validity period which is impermissible, and consequently forfeited the bid security as per the terms of tender.

5. T