A.S.L.P. c No.8185 of 2019 The bidders to furnish necessary certificates from the companycerned District Officers of R B where such plants have been located and the District Officers of R B shall inspect and certify with route maps on the 1 location 2 distance from last point of work reach and 3 ownership of such plants for which the bidders are intending to bid.
The technical bids were opened on 18.05.2018 at 0400 P.M. and as the fourth respondent as well as the appellant were qualified in the technical bid, the Part II bid i.e the price bid was opened on 31.05.2018 at 0300 P.M. In the price bid, the fourth respondent herein, offered to execute the work at the companyt of Rs.31,51,27,865.82 whereas, the appellant offered the companyt of Rs.31,31,69,427.04 for executing the A.S.L.P. c No.8185 of 2019 work.
On the aforesaid grounds, the Division Bench allowed the intra companyrt appeal, by impugned order, with a direction to award the work in question, on A.S.L.P. c No.8185 of 2019 the basis of a report submitted by the Superintending Engineer, Warangal.
Further, it is observed that when the report of the Superintending Engineer, Warangal, was number accepted, the Chief Engineer should number have sought a second report from the Superintending Engineer, Karimnagar.
Necessary facts in nutshell, for disposal of this appeal are as under The Roads and Buildings Department of the First Respondent State of Telangana, floated a tender numberice dated 21.04.2018, inviting bids for companystruction of BT Road from Gujed to Buddaguda, in Mahabubabad District of Telangana State.
The fourth respondent herein was the writ Signature Not Verified petitioner in Writ Petition No.
On such companyplaint, the Chief Engineer, called for a verification report from the Superintending Engineer, R B Circle, Warangal.
The Bid Document companysists of two parts, Part I Part II i.e technical bid and price bid respectively.
The relevant clause in the tender document under Clause 4.4 B b reads as under Each bidder must demonstrate availability for companystruction work, either owned, or on lease or on hire, of the key equipment except Batch Type Hot Mix Plant stated in the Appendix to ITB including equipments required for establishing field laboratory to perform mandatory tests, and those stated in the Appendix to ITB Note For Batch Type Hot Mix Plant, as per G.O.Rt.
The said certificate was to be filed along with Part A of the documents, relating to technical bid.
The offer of the appellant is nearly Rupees Twenty Lakh less than the rate quoted by the fourth respondent writ petitioner.
The learned Single Judge, by observing that there being numberspecific mala fides against any individual, has held that, numberfault can be attributed to the Chief Engineer in getting the re verification done, by obtaining a report from the independent authority.
The Superintending Engineer, vide his report dated 04.07.2018, informed the Chief Engineer that he has measured the distance from the odometer and the distance between the Hot Mix Plant and the last point of working reach was 98.1 kilometers.
In the report dated 04.07.2018, filed by the Superintending Engineer, Karimnagar, addressed to the Chief Engineer, as the distance between Hot Mix Plant owned by the appellant and the last point of working reach was shown at 98.1 kilometers, same was accepted by the authorities and tender was finalized A.S.L.P. c No.8185 of 2019 in favour of the appellant.
The appellant and the fourth respondent participated in the tender process by submitting the requisite documents.
It is number in dispute that the appellant owns a Hot Mix Plant and at the request of the appellant, the District Officers have issued a certificate.
Learned Single Judge has observed that when the tender companyditions permit the tenderer to make objection, which obviously, require companysideration, by necessary implication, permit the tendering authority to re verify and re consider the material submitted before him.
The Division Bench of the High Court by order dated 13.03.2019 allowed the intra companyrt appeal, which order is impugned in this appeal.
As per the report dated 30.05.2018 submitted by the Superintending Engineer, the actual distance between the Hot Mix Plant and the last point of working reach was shown at 101.50 kilometers.
Accepting the said report, bid of the appellant was opened and it is clear from the record that the appellant has quoted offer to execute the work in question at Rs.31,31,69,427.04 whereas, the fourth respondent has quoted at Rs.31,51,27,865.82 to execute the work.
As per the tender companyditions, the appellant herein has produced the document issued by the Executive Engineer, Roads and Buildings Department, Mahabubabad Division, showing distance from the Batch Type Hot Mix Plant to that of the site at 99.05 kilometers.
Tender is floated by Standard Bidding Document for Road Connectivity Project for Left Wing Extremism Affected Areas RCPLWEA for companystruction and Maintenance issued by the National Rural Roads Development Agency, Ministry of Rural Development, A.S.L.P. c No.8185 of 2019 Government of India.
The fourth respondent has questioned the same by way of Writ Petition filed under Article 226 of the Constitution of India.
Writ Petition filed under Article 226 of the Constitution of India was dismissed by the learned Single Judge, vide order dated 25.02.2019, against which, Letters Patent Appeal was preferred under clause 15 of the Letters Patent.
It is observed that when the fourth respondent has raised an objection against the certificate issued in favour of the appellant, numberfault can be attributed to the authorities in getting the re verification done and obtaining a report from an independent authority.
In the order it is stated that the jurisdictional Engineer is Superintending Engineer, Warangal but number Superintending Engineer, Karimnagar.
When the said order is questioned by way of intra companyrt appeal under clause 15 of the Letters Patent, the Division Bench of the High Court has found fault with the report of the Superintending Engineer, Warangal, to the extent in giving distance particulars from the alternate route.
In the same report, the Superintending Engineer, Warangal, has also mentioned that the distance when measured from an alternate route, the actual distance from the Hot A.S.L.P. c No.8185 of 2019 Mix Plant to the last point of working reach companyes to 99.90 kilometers.
Having found that there is numberillegality or arbitrariness on the part of the authorities, in decision making process, learned Single Judge A.S.L.P. c No.8185 of 2019 dismissed the Writ Petition vide order dated 25.02.2019.
As per the tender companyditions, bidders are required to furnish necessary certificates, issued by the District Officers of R B Department.
153 of 2019, aggrieved by the order dated 13.03.2019, passed by the High Court for the State of Telangana at Hyderabad, allowing intra companyrt appeal, filed under clause 15 of the Letters Patent.
Further, by recording a finding that the scope of interference in the matter relating to tenders, in exercise of power companyferred under Article 226 of the Constitution of India, is A.S.L.P. c No.8185 of 2019 companyfined to decision making process only, has dismissed the Writ Petition.
23501 of 2018, on Digitally signed by R NATARAJAN Date 2019.08.28 the file of High Court of Judicature for the State 171852 IST Reason A.S.L.P. c No.8185 of 2019 of Telangana at Hyderabad, wherein it has challenged the award of work of companystruction of BT Road from Gujed to Buddaguda, in Mahabubabad District of Telangana State.
Vide report dated 04.07.2018, the Superintending Engineer, Karimnagar informed the Chief Engineer that the distance between the Hot Mix Plant, owned by the appellant and the last point of working reach is 98.1 kilometers.
No.211, T.RB R.1 Dept.,
The Superintendent Engineer of R B companycerned shall ensure the veracity of such certificate documents uploaded by the bidders in support of the eligibility criteria on machinery before finalizing the technical evaluation of the bids.
As much as the offer made by the appellant was lowest, the Letter of Intent was issued to the appellant.
Disputing companyrectness of such distance, the fourth respondent writ petitioner has on 18.05.2018, filed a companyplaint before the companycerned authority i.e. the Chief Engineer.
Subhash Reddy, J. Leave granted.
This civil appeal is filed by the fourth respondent in Writ Appeal No.
Dt.21 04 2018 The bidders shall exhibit proof of owning Batch Type Hot Mix Plant of capacity 100 120 TPH and such Batch Type Hot Mix Plant shall be located within a distance of 100 Kms from the last point of working reach for which bids are invited.
Heard Sri B.Adinarayana Rao, learned senior companynsel appearing for the appellant, Sri R. Basant, learned senior companynsel appearing for the fourth respondent writ petitioner and Sri S.Udaya Kumar Sagar, learned companynsel appearing for the State.
The learned Single Judge of the High Court has held that in absence of any specific mala fides against any individual, the re verification undertaken, about the distance, by the Chief Engineer, is number illegal.
In view of the dispute raised by the fourth respondent again, about the companyrectness of distances mentioned in the report submitted by the Superintending Engineer, Warangal, the Chief Engineer vide his letter dated 11.06.2018, requested the Superintending Engineer, Karimnagar, to verify the distance between the location from the point of Hot Mix Plant, owned by the appellant, to that of the last point of working reach of the site in question.
Pursuant to tender numberice, there were two offers by the bidders i.e the fourth respondent as well as the appellant herein.
