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SUBBA REDDY SATTI
K. Venkateswara Rao – Appellant
Versus
Government of Andhra Pradesh – Respondent
ORDER :
Subba Reddy Satti, J.
The Writ Petition is filed to declare the orders of 3rd respondent vide Roc.No.3362/10/13F-2/E4 dated 26.03.2012; Roc.Nos.3362/10/13F-10/E4; 3362/10/13F- 5/E4; 3362/10/13F-9/E4 and 3362/10/13F-4/E4 dated 06.08.2012, cancelling the tenders and forfeiting the EMDs and ASDs and FSDs, as illegal and arbitrary.
2. Heard Sri V.V.L.N.Sarma, learned counsel for petitioner and Sri C.Abhishek, learned counsel representing Sri M.Manohar Reddy, learned standing counsel for 3rd respondent.
3. The 3rd respondent has called for certain tenders through e-procurement to execute the following works:
b) Construction of Storm Water Drain in 10th Division, Satya Nagar, near Rajiv Gruhakalpa, Dummulapeta, Kakinada with estimated value of Rs.48,00,000/-;
c) Construction of Storm Water Drain in 49th Division, from Saranya Public School to Somalamma Temple on its northern side to connect to Outlet drain in Rajeswari Nagar with estimated value of Rs.40,00,000/-;
d) Construction of Storm Water Drain in 1st Division, from Padma Nagar to the present RTO office Juncti
The court affirmed that authorities acted within their rights in cancelling tenders and forfeiting EMDs due to the petitioner's failure to comply with agreement terms.
Non-commencement of work allows for cancellation of administrative approvals under Article 226, ensuring public fund utilization.
The court held that cancellation of a tender cannot disrupt the obligation to pay for work completed, establishing principles of equity and promissory estoppel in administrative actions.
A non-participant in a tender process lacks locus standi to challenge tender decisions, affirming that timely grievances are essential to public project integrity.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
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