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Judgment
Heard Mr. Md. Asifuddin, learned counsel for the petitioner and Mr. G. Madhusudhan Reddy, learned standing counsel for Malkajgiri Municipal Corporation (MMC) appearing for respondent Nos.2 and 3.
Grievance of the petitioner is that agreement dated 12.08.2026 was entered into by respondent No.2 with the petitioner for a period from August, 2026 to March, 2027. The agreement of the petitioner is valid till 31.03.2027 and before expiry of such agreement, respondent No.2 could not have issued tender notice.
Learned standing counsel for MMC placed on record written instructions and submitted that petitioner and one M/s. Samreen Enterprises were appointed on nomination basis and entrusted with work of lifting and disposal of Animal Carcass Waste. The agreement expired on 31.03.2026. The Municipal Corporation decided to extend the services of existing agencies including the petitioner until fresh tenders are called for. Accordingly, considering the essential nature of work, the contract of the petitioner was extended at the existing rates until finalization of fresh tenders.
Learned standing counsel relied upon Clause-6 of the Agreement dated 12.08.2026 whereby the Municipal Corporation has right to terminate/cancel the agreement at any time in case of Government instructions, administrative requirements or failure of the Agency to perform the work satisfactorily, subject to the applicable terms and conditions.
Learned counsel for the petitioner fairly stated that earlier petitioner was having agreement for collection of Animal Waste which expired on 31.03.2026 and subsequently on nomination basis agreement dated 12.08.2026 was entered by the petitioner with MMC. Further, learned counsel contended that the agreement is valid until 31.03.2027 and petitioner has right to continue till 31.03.2027.
As it is not in dispute, the extension of petitioner's agreement was on nomination basis and earlier agreement of petitioner expired on 31.03.2026, the relief sought by the petitioner cannot be granted in this writ petition, more particularly, in view of Clause-6 of the agreement dated 12.08.2026.
According to learned standing counsel of MMC, services of the petitioner will be continued until new contractor is appointed pursuant to the tenders.
In the light of above submissions, the writ petition is disposed of, directing respondent No.3 not to discontinue the services of the petitioner until finalization of tenders and until sufficient time is given to the petitioner to discontinue their services. Petitioner is also at liberty to participate in the tenders. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.