B.K. ENTERPRISES Vs. FOOD CORPORATION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Mr. N. Surendrajit, learned counsel for the petitioner, Mr. S. Rupachandra, learned ASG for the FCI and Mr.Khalid, for the respondent No. 2.

(2.) THE present writ petition has been filed seeking for a direction to the respondents to award the contract work in favour of the petitioner being the lowest tenderer in terms of the NIT No. 06/2013 -14 dated 4.4.2014, which has been resisted by the respondents by contending that though the petitioner may be the lowest tenderer, since he had submitted the bid in the wrong format, it cannot be accepted and the tender should be refloated.

(3.) THE FCI authorities have filed their affidavit -in -opposition contesting the claim of the petitioner. The case of the FCI authorities is that the petitioner had submitted his bid in the wrong format and in view of that the FCI authorities invoked the right to reject the tender without assigning any reason as provided in the NIT. It is the case of the respondent authorities that consideration of the bid of the petitioner would entail rejection in view of the fact that such a bid submitted by the petitioner in the wrong format was being seriously objected to by the other bidders and accordingly the FCI authorities scrapped the said tender and as such, it has been submitted that since the decision to scrap the said tender was taken for administrative reasons, no case has been made out for issue of the writ as sought for by the petitioner.