ALTAMAS KABIR, J. - (1.) THIS appeal is directed against the judgment and order dated 13th May, 2005 passed by a learned Single Judge dismissing the writ petition, being WP (C) No. 1785 of 2005, filed by the appellant herein.
(2.) THE grievance of the writ petitioner -appellant was in respect of a tender notice dated 18th February, 2005 and in the writ petition a direction was sought upon the respondents not to allot the work in terms of the said tender notice to M/s. Santosh Kumar Singh, respondent No. 5 in the instant appeal. As will appear from the materials on record, the respondents issued the aforesaid tender notice for road construction between Km. No. 21 to Km No. 41 of the National Highway No. 75. Pursuant to the said notice, both the writ petitioner -appellant as also the respondent No. 5 submitted their respective tenders. On behalf of the writ petitioner -appellant, it was contended in the writ petition that in spite of non -fulfillment of all the conditions contained in the tender notice, the Chief Engineer had decided to allot the work in favour of the respondent No. 5.
(3.) THE main objection taken on behalf of the writ petitioner in the writ petition was that while the tender notice specifically put a condition that the tenderer would have to give information regarding the allocation of his Hot -Mix Plant and its capacity and also to indicate whether the same was situated within 40 kms. from the initial end -point of the work site, the respondent No. 5 did not provide such information and the decision taken by the Chief Engineer to allot the work to the said respondent was, therefore, contrary to the provisions of the tender notice and could not be sustained. Before the learned Single Judge, it was submitted by the learned Advocate General that the Board of Directors of the petitioner company was the same as the Directors of M/s. Sharda Construction (India) Private Limited, and that the work performed by them was of a very poor quality as a result of which recommendation had been made by the Ministry of Road Transport of Highways, Government of India for blacklisting Sharda Construction (India) Private Limited. It was also submitted that the writ petitioner -company had also been granted work on the National Highway No. 78 which was scheduled to be completed by the 29th August, 2003, but had not been completed till the date of hearing of the said writ petition. On consideration of the aforesaid facts, the learned Single Judge declined to interfere and dismissed the writ application as being without any merit.;