NEW JK ROADWAYS Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the present petition was taken up for final consideration.

(2.) The petitioner is seeking quashing of tender bearing No. GEM/2022- B/1990216 dtd. 25/2/2022 issued by respondent No. 3 by virtue of which a fresh tender has been issued for hiring of multi utility commercial vehicles, as the same is illegal, arbitrary, unjustified and also against the interim order dtd. 14/6/2021 passed by this Court in WP(C) No. 1113/2021 and further prayer has been made for prohibiting the respondents to issue fresh tender till adjudication of WP(C) No. 1113/2021.

(3.) It is stated that the above mentioned tender that has been floated by the respondent No. 3 for hiring of the multi utility commercial vehicles mainly for transportation of Nafri/Para-Military Force personnel from one place to another including Light Passenger Motor Vehicles and also for other logistic support is patently arbitrary and unjustified and also in violation of the direction dtd. 14/6/2021 issued by this Court in WP(C) No. 1113/2021, titled, Rajinder Kumar Sharma v/s U. T. Of J&K and others. It is stated that earlier e-NIT dtd. 18/3/2021 was floated by the respondents and the petitioner participated in the said tender, however, one unsuccessful bidder aggrieved of the rejection of his bid, challenged his rejection by way of a writ petition mentioned above and this Court directed the parties to maintain status quo. The petitioner amongst other contractors being aggrieved of the above said interim order, filed detailed objections along with an application seeking vacation/modification of the aforesaid interim direction. It is also stated that the petitioner has been declared as L1 and as per terms and conditions of the aforesaid tender, the petitioner had furnished CDRs amounting to Rs.40,00,000.00 with the respondents and which is still lying with the respondents. After the tender in question dtd. 25/2/2022 was floated, the petitioner and other transporters filed a detailed representation before the respondent No. 3 and the respondent No. 3 assured them that the matter would be taken up with the higher authorities. But instead of redressing the grievances of the petitioners and other transporters, the respondents extended the last date of submission of the bids initially from 7/3/2022 to 8/3/2022 and thereafter again extended to 19/3/2022. It is further stated that the petitioner and other transporters once again being aggrieved, approached the respondent No. 3 by filing a detailed representation that they may be allowed to work as per previous tender but till date nothing substantial has been done.