M.Y.EQBAL, J. - (1.) HEARD Mr. Navneet Pd. Singh, learned counsel appearing for the petitioner and learned Advocate General.
(2.) PETITIONER seeks a direction upon the respondents not to allot the contract work in terms of Tender Notice dated 18.2.2005 to respondent No. 5 as he is not eligible to participate in the said tender. Respondents issued tender for the work of IROP in between Kilometer 21 to 41 of National Highway No. 75. Pursuant to the said Tender Notice, petitioner and respondent No. 5 submitted their tender. It is alleged that in spite of non -fulfillment of all the conditions of Tender Notice the Chief Engineer decided to give the work in favour of respondent No. 5.
(3.) MR . Navneet Pd. Singh, Learned counsel appearing for the petitioner submitted that Clause 6 of Tender Notice specifically put a condition that a contractor has to give an information as to where his Hot -Mix Plant is located and what is its capacity and further condition was that as to whether his Hot -Mix Plant is situated within 40 Km. from the initial and end point of worksite or not learned counsel further submitted that in spite of the facts that respondent No. 5 did not fulfill the conditions the Chief Engineer allotted the work to him.;