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2010 DIGILAW 196 (JHR)

Golra Enterprises Private Limited, Bistupur Fruit Market, Jamshedpur through its Director Shri Fazal Khan v. State of Jharkhand

2010-02-02

RAMESH KUMAR MERATHIA

body2010
JUDGMENT The petitioner has challenged the allotment of work under allotment letter no.1/PMC/Work/572/08-78 Ranchi dated 29.6.2009 in favour of respondent no. 5 and for direction to allot the said work to the petitioner. Mr. Anil Kumar Sinha, Senior counsel appearing for the petitioner referring to the decision of the tender committee dated 11.11.2008 submitted that all the bids including that of petitioner and respondent no. 5 were found valid but the petitioner was denied allotment of the work on the ground that out of four works already allotted to the petitioner, progress in two works were found unsatisfactory i.e. 40.51% and 25% though the petitioner was senior-most and local contractor; and work was allotted in favour of respondent no. 5 only on the ground that there was satisfactory progress to the extent of 75.06% in another work allotted to him. He referred to Clause 16 of Jharkhand Enlistment of Contractors Rules, 2001 (for short "the Rules"). He further submitted that the work in progress with regard to the earlier work given to respondent no. 5 has been taken to be 75.06% including the materials brought at the site by respondent no. 5 and, therefore, it cannot be said that he had completed the work up to 75%. He further submitted that respondent no. 5 has manipulated the reports for ousting the petitioner and getting the allotment in his favour. Mr. P.K. Prasad, learned Advocate General, appearing for respondents no. 1 to 4 and Mr. Sumeet Gadodia, learned counsel appearing for respondent no. 5 denied and disputed the stand taken by Mr. Sinha, appearing for the petitioner and supported the decision of the tender committee. They, inter alia, relied on the judgment of Raunaq International Ltd. vs. I.V.R. Construction Ltd. and others (AIR 1999 Supreme Court 393) and Master Marine services (P) Ltd. vs. Metcalfe & Hodgkinson (P) Ltd. and another [(2005) 6 Supreme Court Cases 138]. After hearing the counsel appearing on behalf of the parties and on going through the records, I find no reason to interfere with the decision making process in awarding work to respondent no. 5. Clause 16 of the Rules reads as under:- "16. The contractor will be generally allotted one work at a time. After hearing the counsel appearing on behalf of the parties and on going through the records, I find no reason to interfere with the decision making process in awarding work to respondent no. 5. Clause 16 of the Rules reads as under:- "16. The contractor will be generally allotted one work at a time. Even if they are valid and lowest tenderer in an other bids, until and unless they complete the work allotted to them or the progress of work is at least upto seventy-five percent. No other work will be allotted to him." The tender committee was of the view that four works were allotted to the petitioner earlier out of which the progress in two works was much below 75%; whereas it was found that respondent no. 5 was awarded another work earlier in which the progress was about 75.06% including the materials brought at the work site to the extent of Rs.25.00 lacs, vide letters dated 18.11.2008 (Annexure 13) and 23.12.2008 (Annexure 12). It further appears that the petitioner and some political parties, at the instance of the petitioner, made complaint/representation against the allotment of work to respondent no. 5 which was considered by the committee and the said committee, after considering such complaint/representation affirmed the recommendation to allot the work to respondent no. 5 (Annexure F to the counter affidavit filed on behalf of the State-respondents). Moreover, the scope of interference in such matters by this Court is limited. In view of the facts and circumstances noticed above, the decision making process cannot be said to arbitrary In the result, this writ petition is dismissed. However, no costs.