JUDGEMENT
PRAKASH TATIA, J. -
(1.) HEARD the counsel for the parties.
(2.) IT has been alleged by the petitioner that he is a member of the political party and raising the cause of the public. He came to
know that one work has been awarded of the contractor even prior
to the floating of the tender inviting the offer from the prospective
bidders. According to the learned counsel for the petitioner, it is
apparent from the notice inviting tender in the name of e
procurement notice, Annexure1 that the notice was published in
the newspaper of 1.3.2013 and the last date for submissions of the
offer was only 4.3.2013, therefore, there was only three days given
to the bidders. The newspaper cutting clearly indicates that the
work was started even prior to the publication of the said tender
notice. It is submitted that as per the stand of the respondent in the
counter, only two bidders were, according to the petitioner are only
relative came forward for the work and out of which, one has been
given work contract. Therefore, it is nothing but a device to grab
the government money by giving the contract to the persons of their
choice.
Learned Additional Advocate General, appearing for the State submitted that the petitioner himself has personal interest in
the matter and the facts as stated are not correct. In the counter it
has been stated that the EngineerinChief gave approval for the
work vide letter no.1207(S) Dated 16.2.2013 and thereafter the
tender was uploaded on the website and then it was published in
the newspaper . In the tender notice itself it has been mentioned
that it is emergent required work of the road and that too of only
one Kilometer which is near the railway siding of Madhupur. Before
this work was given to the contractor, the Department was doing
some work which has been published as the work done by the
contractor.
(3.) WE have considered the submissions of the learned counsel for the parties and perused the facts of the case. It is clear
from the reply affidavit that the work was not a thought of the day,
but even the Engineer inChief gave approval for the work on
16.2.2013 and thereafter this process started and this was found to be emergent work having a cost of almost Rupees Sixty Lakhs then
in that situation we are of the considered opinion that no case is
made out for our interference in public interest litigation
jurisdiction.
The writ petition of the petitioner is dismissed.;
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