- (1.) Seeking a direction upon the Executive Officer, Zila Parishad Cum Deputy Development Commissioner, Sahebganjrespondent no.4 to execute agreement with the petitioner, the present writ petition has been filed.
(2.) The petitioner claiming himself a registered contractor and income tax assessee, participated in tender pursuant to NIT No. 01/201415 published in the daily newspaper (Hindustan) on 02.02.2015. The petitioner was declared successful for the work at item no.65 for construction of Guard Wall at villageDompara, Agloi panchayat. The estimated value of the work was Rs.20,20,504/. The petitioner deposited Term Deposit Certificate of Rs.41,000/ as advance deposit and subsequently, in compliance of letter dated 26.03.2015, he deposited Term Deposit Certificates of Rs.61,000/ for Security Deposit still, the work order was not issued to the petitioner and agreement was not executed.
(3.) The learned counsel for the petitioner submits that between the period March, 2015 and 25.07.2015 several agreements were executed with respect to the works for which bids were invited pursuant to NIT No. 01/201415 however, agreement with the petitioner was not executed. It is stated that the bid of the petitioner was 10% below the estimated cost and accordingly, it was accepted on priority basis. The relevant record for execution of agreement with the petitioner was placed before the Deputy Development Commissioner (DDC) however, in the meantime, D.D.C. was transferred and a new incumbent took over the charge of Deputy Development Commissioner. Alleging discrimination on the part of the respondents, the learned counsel for the petitioner submits that the respondent no.4 cannot justifiably refuse to enter agreement with the petitioner.;