Decided on August 08,2019

S. Thanmi Appellant


M.V.MURALIDARAN,J. - (1.) This writ petition has been filed by the petitioner seeking to quash the order of the third respondent dated 31.05.2017 rejecting the bids of the petitioner in respect of Package No. MNO 9127, MNO 139, MNO 9125, MNO 9104, MNO 9110 and MNO 439 of Phase-X (RT).
(2.) The case of the petitioner is that he being a Special Class Contractor and interested to work for the Package Nos.MNO 9127, MNO 139, MNO 9125, MNO 9104, MNO 9110 and MNO 439 of Phase-X (RT) submitted bid with required tender forms and Earnest Money Deposit through State Bank of India, Secretariat Branch, Imphal. However, on 19.03.2015, the petitioner's bid was rejected on the ground "non responsive due to non-submission of 90 days bid validity affidavit declaration" and the petitioner came to know the rejection only on 22.3.2015. On 23.3.2015, the petitioner submitted a representation/complaint to respondent No.3 for reviewing the technical bid evaluation stating that he had uploaded the required documents in the sensitive bid documents folder. Again on 30.3.2015, the petitioner submitted another representation enclosing the letter of the Chartered Accountant. However, by the order dated 06.04.2015, respondent No.3 rejected the representation of the petitioner dated 23.03.2015. Challenging the same, the petitioner filed W.P. (C) No.365 of 2015 before this Court. By an order dated 24.11.2016, the writ petition was disposed of by directing the Tender Committee to hear the petitioner on the basis of the documents already submitted for the bid and pass appropriate orders. According to the petitioner, though he was given hearing in the matter, the third respondent rejected the case of the petitioner. Challenging the same, the petitioner has filed the present writ petition.
(3.) Resisting the writ petition, respondents 2 and 3 filed affidavit-in-opposition stating that the present writ petition suffers from concealment of facts regarding withdrawal of EMD in respect of Package Nos.MNO 139, MNO 439 and MNO 9104 and also declaring that he will not object to awarding contract work of the said packages to any successful bidders. It is stated that the writ petition has become infructuous, as all the letters of acceptance and work orders in respect of six packages have been issued to the successful bidders prior to the filing of the writ petition. Further, the writ petition suffers from defect of parties and prayed for dismissal of the writ petition.;

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