Sujit Narayan Prasad, J. - (1.) This writ petition is filed under Article 226 of the Constitution of India wherein the notice inviting tender dated 27.01.2019 which contains Clause No. 5.1.1 has been sought to be struck down on the ground that the same has been inserted only to oust the petitioner from participating in the bid.
(2.) Mr. Amit Kumar Das, learned counsel for the petitioner has submitted that the petitioner is eligible bidder for execution of the work, in pursuance to the notice inviting tender, the said work is being done by the petitioner-unit but due to the condition stipulated under Clause No. 5.1.1, the petitioner is being supplied from participating in the bid, therefore, the same is being unreasonable, arbitrary and irrational and on these grounds the said clause has been sought to be struck down so that the petitioner may be able to participate in the bid.
(3.) Learned counsel for the petitioner has relied upon judgment rendered by the Hon'ble Apex Court in the case of Reliance Energy Ltd. & Anr. Vs. Maharashtra State Road Development Corpn. Ltd. & Ors., 2007 8 SCC 1 and judgment passed by this Court in the case of Balajee Electrosteels Company (P) Ltd. Vs. Bokaro Steel Plant, 2009 2 AIRJharHCR 961.;