T SAGAR SINGH SON OF RAJA SINGH Vs. TELANGANA STATE ROAD TRANSPORT CORPORATION
LAWS(APH)-2019-3-17
HIGH COURT OF ANDHRA PRADESH
Decided on March 07,2019

T Sagar Singh Son Of Raja Singh Appellant
VERSUS
Telangana State Road Transport Corporation Respondents

JUDGEMENT

P. Naveen Rao, J. - (1.)Heard learned counsel for petitioner Sri.C.Ramachandra Raju and learned standing counsel for respondent TSRTC Sri N.Vasudeva Reddy.
(2.)On 18.12.2018 Tender Notification was issued to run two wheeler parking in Stall No. 95 in Mahatma Gandhi Bus Station (for short MGBS). Petitioner claims to have participated in the tenders by offering Rs.2,60,000.00 as license fee per month. On 5.1.2019 tenders were opened. Petitioner's offer was highest. Not satisfied with the offer, negotiations were made; petitioner agreed to enhance license fee to Rs.2,71,119.00. However, without awarding contract to him, fresh tenders are called on 31.1.2019. Petitioner challenges the same in this writ petition.
(3.)According to learned counsel for petitioner, earlier to the present notification, contract was awarded to the previous licensee on payment of Rs. 2,20,000.00 per month as license fee which is enhanceable by 10 % after two years. As per the enhanced license fee, the previous lessee was required to pay Rs. 2,32,000.00, however, his license was prematurely terminated and tender notification was issued. The offer given by the petitioner being higher than the license fee payable by the previous licensee before his contract was terminated, the contract ought to have been awarded to him and not awarding the contract and going for fresh tenders is ex-facie illegal.
3.1 According to learned counsel for petitioner, Circular No.31/2017-OPD(M&C) dated 2.11.2017 deals with various aspects of licensing. Clause IX deals with 'Finalisation of tenders by the Committee'. By placing reliance on Clause IX (e) he would submit that as petitioner's offer was higher than license fee payable by the previous licensee before prematurely terminating his contract, petitioner is entitled to awarding of the contract. He would further submit that even if the offer given by the bidder is not to the satisfaction, negotiation is permissible, accordingly negotiations were made and petitioner agreed to offer more license fee, therefore tender ought to have been awarded to him.

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