M.Vittal vs. Telangana State Road Transport Corporation
Facts
The petitioner, M. Vittal, participated in a tender notification issued by the Telangana State Road Transport Corporation (TSRTC) for a food stall. In the online tender form, there were two columns for quoting the license fee: one inclusive of GST and another exclusive of GST. The petitioner intended to quote Rs. 6,61,999/- inclusive of GST. However, he mistakenly entered the same amount in both the 'inclusive GST' and 'without GST' columns. Upon realizing this error after submission, the petitioner submitted a representation on November 17, 2023, to the Regional Manager of TSRTC, requesting consideration of his quotation as inclusive of GST. This representation remained pending without a response, leading to the filing of the present writ petition.
Held
The Court noted that the petitioner's grievance was that he had mistakenly entered the same amount in both the 'inclusive GST' and 'without GST' columns in the online tender form, despite intending to quote the fee inclusive of GST. He had submitted a representation on November 17, 2023, to the second respondent requesting that his quotation be considered as inclusive of GST. The respondents' counsel submitted that this representation was pending and would be considered in accordance with the law. In light of these submissions, the Court disposed of the writ petition by directing the second respondent to consider the petitioner's representation dated November 17, 2023, and pass appropriate orders in accordance with the law within four weeks from the date of receipt of the order. No order as to costs was made.
Key Issues
1. Whether the Court should direct the respondent to consider the petitioner's representation dated 17.11.2023 for considering his quotation of license fee as inclusive of GST, given the alleged mistake in the online tender submission? The petitioner argued that he had intended to quote the license fee inclusive of GST and mistakenly entered the same amount in the 'without GST' column due to the online form's structure. He relied on his representation dated 17.11.2023, which was pending consideration. The respondents, represented by TSRTC, submitted that the petitioner's representation dated 17.11.2023 was still pending with the second respondent. They further stated that if the representation was submitted by the petitioner, it would be considered in accordance with the law.
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[ 3300 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 32781 OF 2023 Between: M. Vittal, Son of Maruthi, Aged about 40 years, Resident of H.No.1-36, Medak. ...PETITIONER AND 1. Telangana State Road Transport Corporation, Represented by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad.
Regional Manager, Ranga Reddy Region, Telangana State Road Transport Corporation, MGBS, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more particulady one in the nature of Writ of Mandamus, erecting the 2nd respondent to consider the representation of the petitioner daled 1711112023, for considering his quotation of licence fee as inclusive of GST. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd resp
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