Abdul Moin, J. - (1.) Heard Dr. L.P. Misra, learned counsel along with Sri Shailendra Singh Rajawat, learned counsel for the petitioners, Sri Dharmendra Kumar Bhatt, learned Brief Holder for the State-respondents, Sri I.P. Singh, learned counsel representing opposite parties No.2 to 6, Sri Arvind Verma, learned Senior Advocate, assisted by Sri Aarohi Bhalla and Sri Sunil Kumar Singh, learned counsel representing opposite party No.8.
(2.) The present writ petition has been preferred by the petitioners praying for the following reliefs:- "(a). To issue a writ, order or direction in the nature of Certiorari quashing the impugned order issuing Notification of Award, letter of intent and the agreement, if any,passed by the opposite parties in favour of M/s. Shrishti Infrastructure Development Corporation Joint Venture-the opposite party No.7 and 8, copy of which is not available with the petitioner and the same may be summoned from the opposite parties by the Hon'ble High Court for its kind perusal. b). To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties to treat the petitioners Joint Venture as the lowest bidders and to award the contract to the petitioners notwithstanding the impugned order issuing Notification of Award passed by the opposite parties in favour of M/s Shrishti Infrastructure Development Corporation Joint Venture-the opposite party No.7, copy of which is not available with the petitioner and the same may be summoned from the opposite parties by the Hon'ble Court for its kind perusal. b). To issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 24.8.2017 and 25.8.2017 passed by the Opp-party No.5-General Manager against the petitioners, copies of which orders are Annexure No.1 and 19 respectively to the writ petition. ba). To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to treat the petitioners' joint venture as the lowest bidder and to award the contract to the petitioners' joint venture notwithstanding the impugned orders issuing notification of award, letter of intent and execution of agreement, if any, by the Opp-parties in favour of the Opp-party No.8, copies of which are not available with the petitioners and the same may be summoned from the Opp-parties by this Hon'ble Court for its kind perusal, as well as the impugned orders dated 24.8.2017 and 25.8.2017 passed by the Opp-party No.5-General Manager against the petitioners, copies of which orders are Annexure No.1 and 19 respectively to the writ petition. c). To award the cost of the petition in favour of the petitioners. d) To issue any other writ, order or direction in the nature and manner which this Hon'ble Court deem fit and proper in the circumstances of the case."
(3.) The case setforth by the petitioners is that the petitioner no.1 is M/s EMS Infracon Pvt. Ltd., a company incorporated under the Companies Act VII of 1913, having its registered office at 701, DLF Tower-A, Jasola, New Delhi and its main objects are to construct buildings, sewers, drains etc. The petitioner No.2 is M/s Gannon Dunkerley and Company Limited, a company incorporated under the Companies Act, 1956 and having its office at B-228, Okhla Industrial Area, Phase-I, New Delhi. The opposite parties No.2 to 6, vide notification dated 16.12.2016, floated a tender namely "Survey, review the designs, redesign where necessary and build new sewerage network of about 102 Kilometers length and rehabilitation of existing small sized sewer and trunk sewer network of 300 kilometers in length including survey, design and construction of 4 number of Sewage Pumping Stations and 2 number of Lift Stations and all appurtenant structures, and Operation and Maintenance of rehabilitated and new sewerage network and sewage pumping stations for a period of 10 years in sewerage district-I of Kanpur, State of Uttar Pradesh, India". Subsequently the addendum, corrigendum and pre bid reply of the queries raised during pre bid meeting were published on 20.1.2017. It is contended that a total of three bidders including the petitioners submitted their techno-commercial bids, namely the petitioners-M/S EMS-GDCL-JV, M/s SEPC-SCCL-NDTT-KEPL JV and opposite party No.8-M/s Shrishti Infrastructure Development Corporation in Joint Venture with M/s Sam Lain Equipment Services Pte Ltd. and M/s Yogi Construction Company. It is contended by the petitioners that prior to the opening of the bids of any bidders, the petitioners, vide their letter dated 25.2.2017 (Annexure-5 to the writ petition) in addition to their financial bid, offered a further discount of Rs.30,00,00,00/- (Rupees Thirty crores only) over and above the financial bid amount offered by the petitioners to the opposite parties.;