GOPAL KRISHAN VYAS, J. - (1.) IN this writ petition, the petitioner has prayed for direction for quashing award of contract to respondent No. 3 and further that the same may be awarded to it. In the alternative, the respondents may be directed to invite fresh bids.
(2.) THE petitioner's case is that the petitioner company is a limited company involved in the business of collecting royalty, sales tax, excavation and other construction related projects which the company undertakes in various parts of the country including moving heavy earth and development of construction sites as per the orders received. The petitioner company is also registered with the Registrar of the companies and is registered as A Class contractor with the Addl. Director, Mines, Udaipur Zone, Udaipur. The company has five Directors viz., Meghraj Singh, Asu Singh, Hari Singh, Manvendra Singh and Ashok Chandak. Respondent No. 2 invited tenders for two jobs at Mohangarh group of mines for the works to be carried out at the site which included following: (a) cleaning of bushes, decomposed substances, dumping of waste in systematic manner and stacking of gypsum and loading of R.O.M. Gypsum into trucks at mines by a suitable hydraulic excavator with back hoe attachment; (b) shifting of R.O.M. Gypsum from Mohangarh mines through Thayat to Hamira railway station; and, (c) loading of R.O.M. Gypsum into 'N' or 'T' rake wagons by mechanic loaders at Thayat Hamira railway sidings.
(3.) AS per the petitioner, prior to issuance of the present NIT bearing No. 8/08, NIT bearing No. 7/08 was issued on 12.08.2008 for this very same job wherein the tenders were invited from the interested parties. The job description, eligibility criteria and other specifications were identical in NIT No. 7/08. The said NIT was responded by five parties, one of them being Ashok Chandak and Company, Jaipur, and Ashok Chandak is also one of the Directors in the petitioner company. Since there were certain discrepancies, owing to which, the committee of FAGMIL thought it proper that in view of the problems envisaged by the Area Manager, Mohangarh, the NIT No. 7/08 may be cancelled and fresh NIT may be issued which suites the requirement so that the jobs at the mines may be carried out smoothly without any hindrance. After taking the above decision, the present NIT No. 8/08 was issued ,and the petitioner is also interested in the work, therefore, the petitioner company filed its bid as required by the specifications contained in NIT No. 8/08 along with the earnest money.;