JUDGEMENT
Sanjay Karol, Arindam Lodh, J. -
(1.)The petitioner has prayed for the following reliefs:
"(I) Issue notice upon the respondents.
(II) Call for the relevant records.
(III) Issue rule calling upon the respondents to show cause as to why the cancellation of the tender bearing No. 04/ B/DNIe-T/SE-IV/PWD(R&B)/2019-20 dated 24.07.2019 for installation and commissioning of 2(two) Nos. lift of 10 passenger capacity up to G+3 level at Administrative and Academic Building, M.B.B. University, Agartala, Tripura communicated to the petitioner vide letter dated 24.09.2019 shall not be set aside and quashed.
AND
Issue rule calling upon the respondents to show cause as to why work order for the NIT bearing No. 04/B/DNIe-T/SE-IV/PWD(R& B)/2019-20 shall not be issued in favour of the petitioner considering the petitioner eligible as per the essential qualifications laid down in the NIT.
(IV) And after hearing the parties be pleased to make the rule absolute.
AND
(V) In the interim, be pleased to restrain the respondents from issuing any fresh NIT for installation and commissioning of 2(two) Nos. lift at Administrative and Academic Building of M.B.B. University, Agartala, Tripura till disposal of the connected writ petition.
AND/OR
Pass any other order/orders as deemed fit and proper by this Honorable Court".
(2.)Mr. D. Bhattacharjee, learned G.A. appearing for the respondents, states that the tender in question stands cancelled and Government has initiated steps for issuance of fresh tenders. Both of the tenderers were disqualified, on account of non-fulfillment of essential eligibility criteria.
(3.)Having heard the learned counsel appearing for the parties as also perused the records so made available, we are of the considered view that at this stage, Court cannot interfere, leaving it open to the petitioner to participate afresh, as and when the tenders are called for. Government decision to call for fresh tender cannot be said to perverse or illegal.
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