M.Y.EQBAL, Vikramaditya Prasad, JJ. - (1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 18:12.2002 passed by the learned Single Judge in WP (C) No. 5981/2002 whereby the learned single Judge refused to interfere with the decision of the respondents withdrawing/ canceling the tender and dismissed the writ petition.
(2.) THE petitioner -appellant, M/s -Chotanagpur Agro Agencies filed the aforementioned writ petition being WPC 5981/ 2002 for issuance of writ in the nature of certiorari for quashing the notice dated 14.8.2002 published in the daily newspaper, namely, Prabhat Khabar whereby the concerned respondent cancelled the tender published in the newspaper dated 2.5.2002 and the corrigendum published on 19.5.2002 in respect of the tender inviting supply of tractors with which was opened on 23.5.2002 and further for quashing the letter dated 14.9.2002 issued by the concerned respondent whereby the petitioner was directed to refund the amount paid to it for the supply of tractors. The facts of the case lie in a narrow compass. The State of Jharkhand has a scheme to purchase and distribute tractors to the members of Schedule Tribes in the State with the financial assistance of National Scheduled Caste Finance and Development Corporation and National Scheduled Tribes Finance and Development Corporation New Delhi. First tender was invited for purchase of 68 tractors 40/45 H.R vide notice dated 5.4.2002 published in the News Papers. When the respondent recollected and perused the letters sent to the above referred Corporation namely, NSFDC/NSTFDC with a proposal for purchase of 40 Tractors and not 40/45 H.R, the advertisement dated 5.4.2002 inviting tenders was cancelled through newspapers on 13.4.2002 due to non coverage of 45 H.R Tractors in the sanctioned scheme. Respondents obtained expert opinion from Farm Superintendent, Ranchi Agriculture College Farm, Birsa Agriculture University, Kanke regarding the type of Tractors best suited for farmers of Jharkhand. An advertisement inviting tender for purchase of 40 H.R tractors with 2700 C.C. was published in the five newspapers vide notification -dated 12.5.2002. Since manufactures of 40 H.R/2700 C.C. tractors are very few in number, it was found proper to publish a corrigendum in the newspaper dated 19.5.2002 for reading 2500 C.C. and above instead of 2700 C.C. which was published in the newspaper on 12.5.2002. In response to the advertisement inviting tenders in newspapers dated 19.5.2002 about 19 manufacturers/Dealers filed their tenders for supply of tractors and trailors and the tenders were opened as scheduled on 23,5.2002 in presence of the tenderers and comperative chart of the cost offered by them was prepared and their signatures were obtained on the chart. Then a detailed technical comparative charts were prepared on 29.5.2002 giving details of the tender including Warranty, Authorized Service, Stations, Spare parts dealers etc. A separate cost comparative chart was prepared on showing the price quoted by the tenderers. Keeping in view the specification of tractors required as per the tender the following three manufacturers were short listed : (i) TAFE -MF 241 (II)HINDUSTAN - MG 405 (III) ESCORTS -440 P.T. (8+2)
(3.) CONSIDERING the Rate and Price, Warranty, install base, products support, service, recognition from popular institutions, training facilities, service support, infrastructure, insurance policy, provision of annual maintenance contract, the tender of the appellant, M/s Chotanagpur Agro Agency was accepted and supply order for 68 numbers of tractors was issued. As per the terms and conditions, a sum of Rs. 2,14,05,720/ - was paid to the said appellant by Demand Draft dated 30.5.2002. These tractors were meant for being handed over to members of Scheduled Caste. Further order for supply of 65 numbers of tractors and trailers was placed with the said M/s Chotanagpur Agro Agencies and a sum of Rs. 2,04,61,350/ - was paid by Demand Draft. Further sum of Rs. 1,74,12,850/ -and Rs. 30,48,500/ - was paid by two cheques. After receipt of the amount the appellant M/s Chotanagpur Agro Agency informed the respondents through their letter that tractors and trailers are ready for delivery and requested the respondents to kindly arrange to take the delivery of the tractors.;