- (1.)Rejection of the bid submitted by the Petitioners pursuant to the tender floated by the Respondent-State in connection with the 'Construction and maintenance of rural road i.e. CC Road SH-5, Khodgaon to Anjrail Foth Hill under System NIT No. 62000 and 504", stating that it was belated is under challenge; despite the fact that, it was sent about one month ago through 'speed post' and the same was served well within time i.e., at 3.50 pm on 23.04.2020, the last date and time for submitting the bid being 23.04.2020 at 5.00 pm.
(2.)The prayers are in the following terms :
"10.1. A writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned for perusal of this Hon'ble Court, if thinks fit in the facts and circumstances of case.

10.2. A writ and/or an order in the nature of writ of certiorari do issue quashing action of respondent authority concerned in declaring the petitioners disqualified to participate in tender process in question, as evidence by Annexure P-2, being illegal, arbitrary and effect of malice in law and malice in fact and in effect directing the respondent authorities either to declare the petitioners qualified or consider the document (affidavit) contained in envelope, delivered to the respondent concerned in time i.e. on 23.04.2020, by the Postal Authorities, and thus adopt fair procedure of evaluation of tenders and award the contract in accordance with tender conditions, in the facts and circumstances of case.

10.3. A writ and/or an order in the nature of appropriate writ do issue directing the respondent authorities to award suitable compensation for unnecessarily declaring the petitioner disqualified and not correcting themselves even after submission of eye openers with them.

10.4. Cost of the proceedings.

10.5. Any other writs and directions that may be deemed fit and just in the facts and circumstances of case."

(3.)On 22.05.2020, we heard Shri B. P. Sharma (the learned counsel who was appearing for the Petitioners at that point of time), who stated that, the bid was submitted 'Online' and the supporting affidavit and such other materials were submitted 'Offline' - as prescribed - by 'speed post' on 23.03.2020. By virtue of the delay due to lock-down, it came to be delivered by the Postal Department only on 23.04.2020 at 3.50 pm which was within the stipulated time, as the time limit was up to 5.00 pm on that day. It is contended that the Petitioner has been wrongly ousted from the field and his bid has not been considered.