M.Y.EQBAL, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order issued by the Superintending Engineer, Irrigation Department, Madhupur in the district of Deoghar dated 21.4.2006 whereby the contract has been allotted to respondent No. 8 and further for a direction to allot the said contract to the petitioner.
(2.) THE Department of Irrigation, Govt. of Jharkhand issued notice inviting tender No. 2/2005 -06 dated 7.3.2006 for three different construction work in Ajay Main Canal. The petitioner along with others including respondent No. 8 submitted their tenders. The petitioner said to have offered his rate below 15% of the scheduled rate for the work mentioned in Item No. 2 of the tender notice. According to the petitioner, preference was to be given to the contractors who are either displaced person or belong to Deoghar district. The rates offered by all the tenderers except one were the same. The petitioner claims to be displaced person and also of the district of Deoghar. It is alleged that ignoring the criteria fixed in the tender notice, the contract work has been allotted to respondent No. 8 who is neither displaced person nor belongs to the district of Deoghar.
(3.) RESPONDENT No. 6, the Executive Engineer, Irrigation Department, filed counter affidavit stating, inter alia, that there were altogether 7 tenderers, who have quoted the same rate below 15% of the scheduled rate. Since the petitioner is not displaced person and so, question of allotting the work to the petitioner does not arise in view of the Clause 28 of the notice inviting tender. It is stated that agreement has already been executed on 28.4.2006 with respondent No. 8 but the work has been stopped because of the interim order passed by this Court. It is further stated that none of the conditions of the tender notice has been violated by the respondents.;