SH F NGKUR BIAKVELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Petitioner by the present writ petition has, challenged the order dated 28.3.05 passed by the Superintending Engineer, Public Works Department, Eastern Circle, Aizawl, awarding a contract for upgradation of KeitumArtahkawn Road (Sh-Formation Cutting) 187 00-23/00 KMP (Group No. III) in favour of Mr. F. Lalmalsawma, respondent No. 5.

(2.) I have heard Mr. C. Lalramzauva, learned counsel for the petitioner and Mr. N. Sailo, learned State counsel appearing on behalf of the respondent No. 1 to 4 as well as Mr. M. Zothankhuma, learned counsel for the respondent No. 5.

(3.) The facts leading to the filing of the present writ petition is that a notice inviting tender being NIT No. 3/SE(EC)/2004-2005 dated 3.12.2004 was issued by the Superintending Engineer, Public Works Department, Eastern circle, Aizawl inviting tender in sealed cover from the intending tenderers in respect of the work pertaining to the upgradation of Keitkum-Arthkawn Road (Sh-FormationCutting) in five groups including Group No. III pertaining to 18,000-23,000 Kmp at the estimated value of Rs. 39,81,294.85 stipulating there in that all class-2 and above contractors are eligible to submit the tender in respect of the said group-III work. Pursuant to the said NIT, the petitioner, respondent No. 5 and others submitted their tenders. The tenders were opened on 17.12.04 and the comparative statement was prepared. The petitioner offered Rs.37,82,029.56/- and the respondent No.5 offered Rs.37,82,055.20/-. The Superintending Engineer thereafter vide order dated 28.3.05 accepted the tender submitted by the Respondent No. 5 and issued the work order allotting work in his favour at Rs. 37,82,055.20 which is Rs. 25.64 higher than the rate offered by the writ petitioner, who is a registered Class-II contractor. Hence the present writ petition.