NITYA NAND SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Cancellation of Notice Inviting Tender ('NIT') bearing System Tender No.47015 dated 03.01.2019 after opening of price bid and identifying the petitioner to be 'L-1' and issuance of second tender notification bearing System Tender No.64548 dated 08.06.2020 made the petitioner to approach this Court by filing instant writ petition with following reliefs :-

(2.) During the pendency of this writ petition, successful bidder was identified, hence, petitioner by way of amending the writ petition, has sought for relief No.10(f), which is as follows :

(3.) Facts of the case in nutshell are that, respondents have issued tender notification bearing System Tender No.47015 dated 03.01.2019 under project 'Susdega Diversion Scheme' for the work of construction of main diversion weir (barrage type) with all appurtenant work of Susdega Diversion Scheme. The probable amount of work was Rs.1437.20 Lakhs and completion period of work was fixed as 18 months (including rainy season). Petitioner along with interested contractors submitted bid for aforementioned work which is a civil work. Total 10 contractors participated in the proceedings and upon opening of price bid, petitioner's financial bid has been found to be lowest, hence, he has been shown in comparative chart as 'L-1'. After opening of price bid, 'Letter of Intent' and 'Work Order' were not issued to the petitioner, for which, he made several representations to the authorities, but he could not get any fruitful result. Upon becoming L-1 in subject tender proceedings, bid submitted by petitioner in other tender proceedings were not opened on the ground of bid capacity. Work under the subject tender is also included for computing the bid capacity of petitioner, he has made all necessary arrangements of manpower and machinery due to which, he suffered heavy loss. Respondent No.3 recommended for issuance of work order in favour of the petitioner pointing out that bid submitted by the petitioner is less than 22.65% of 'Schedule Of Rates' dated 01.08.2010 and 29.03.2011, as such, respondent authorities will save public exchequer. Ignoring the recommendation made by respondent No.3, suddenly respondent No.4 has issued an order/letter dated 27.05.2020 (Annexure P/1) for cancelling the System Tender No.47015 dated 03.01.2019. Subsequently, a fresh tender notification was issued on 08.06.2020 vide System Tender No.64548. During pendency of this writ petition, respondent authorities have completed the proceedings of new tender notification, in which, respondent No.8 became successful being 'L1'. The petitioner accordingly amended the writ petition and brought the necessary facts on record.