BALAJI DUBEY Vs. BHOPAL SAHAKARI DUGDHA SANGH MARYADIT

JUDGEMENT

(1.) With consent of learned counsel for the parties the matter is heard. Petitioner, seeks quashment of Notice Inviting Tender dated 03.02.2017 and the corrigendum issued on 28.02.2017.

(2.) Petitioner is currently operating on the basis of the contract awarded in the year 2014. Grievance raised by the petitioner is against certain condition stipulated in the Tender Notice as regard to specific weight specification of the Insulated Motor Vehicle. As also against withdrawal of the condition of having transport licence.

(3.) The condition which find mention in the NIT against which the grievance is raised are that the applicant must possess insulated motor vehicle manufactured in 2013 thereafter, having weight carrying capacity 08.15/6.5/4.8/3.8 and 02 ton. It is urged that said condition has been stipulated in the Tender Notice to extend benefit to the chosen one. It is contended that earlier in 2014 no such condition were laid down and the petitioner who owns a vehicle having carrying capacity of 4.375 ton being equivalent to TATA 709 was given the contract for a period of two years vide agreement dated 19.11.2015 with a further stipulation that there in Clause 15/34 that the period was extendable by three years with the mutual consent.