M.Y. Eqbal, J. - (1.) THE petitioner seeks a declaration that the action of respondent No. 3, Engineer -in -chief -cum -Additional Secretary, Rural Development Department, Government of Jharkhand in cancelling the tender on the ground contained in the letter dated 12.6.2003 and, thereafter, floating a fresh tender for the same work is illegal and mala fide.
(2.) PETITIONER 's case is that pursuant to the tender notice dated 25.2.2003 issued under the signature of the Executive Engineer for execution of five items of work, the petitioner submitted his tender papers being technical bid document and financial bid documents, On 13.3.2003 the technical bid was opened in presence of the bidders and the authorities. Respondent No. 4 then communicated to the petitioner that he has qualified in the technical bid and the financial bid will be opened in presence of the petitioner and other authorities. It is contended that the petitioner was the sole bidder in respect of the work and, therefore, after opening of financial bid only a formality for approval was to be done. But surprisingly respondent No. 2 cancelled the tender on the ground that the petitioner was the sole bidder and the site of the work is terrorist affected. Learned counsel appearing on behalf of the petitioner assailed the cancellation of tender notice and issuance of fresh tender in respect of the same work as being wholly illegal and mala fide. The petitioner, after being qualified in technical bid and after having quoted the rate below the scheduled rate, was entitled to allotment of work under the terms and conditions.
(3.) MR . A.K. Sinha, learned Advocate General, on the other hand has drawn my attention to paragraphs 6 and 7 of the counter - affidavit and submitted that the petitioner was the single tenderer and, as such, the same was not accepted in view of the circular dated 18.11.1998 and also the amendment made in Bihar Finance Rules dated 5.3.2003 according to which, in case of single tenderer the same has to be cancelled and fresh tender has to be called.;