M.Y.EQBAL, J. - (1.) PETITIONER M/s. Debashree Construction (India) Private Limited, has prayed for quashing the Tender Notice dated 13.1.2002. whereby respondent No. 6. Executive Engineer. National High Way Division. Jharkhand. Gumla invited Tender again for the same work i.e. for widening of National High way No. 23 at Kms. 123 to 134. although petitioner was found to be the lowest bidder in the earlier Tender dated 1.12.2001.
(2.) PETITIONERS ease is that on 1.12.2001 respondents invited Tender for four items of works. Item No. 2 was for widening of National High Way No. 23, in which petitioner participated and was found lowest bidder. The Road Construction Department vide letter dated 7.1.2002 invited petitioner for negotiation. Petitioner, thereafter, vide letter dated 9.1.2002 informed respondent No. 2 that, he is fulfilling all the terms and conditions. However, without any valid reason, respondents by notice dated 13.1.2002 re -tendered the work. A counter -affidavit has been filed by the respondents staling inter alia that against the earlier Tender notice dated 1.12.2001 three tenderers namely. M/s Sarda Construction. M/s Debashree Construction and M/s Priambada Construction participated. The tender of M/s. Sarda Construction was rejected by the Department on the ground that there is an inquiry pending against this contractor for doing sub -standard work. So far petitioner is concerned her tender was duly considered and the Tender Committee came to the conclusion that petitioner is a proxy firm of M/s Sarda Construction and the owner of Sarda Construction is tiie husband of the writ petitioner. A copy of the proceeding of the Tender Committee has been annexed as Annexure -A to the counter affidavit. It is further stated that list of Key Personal submitted by the petitioner and the Sarda Construction is totally same which is evident from the list and the affidavit submitted by the petitioner -
(3.) HEARD Mr. A.K. Sinha, learned senior Counsel appearing for the petitioner and Mr. Binod Poddar, learned Addl. Advocate General appearing for the respondents.;