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2013 DIGILAW 106 (JHR)

Banowari Lal Agarwalla Pvt. Ltd. v. DVC through its Chairman

2013-01-18

APARESH KUMAR SINGH

body2013
Order Heard learned counsel for the parties. 2. The petitioner was aggrieved, according to him, against the tender notice dated 29 November, 2007 (Annexure-1) for evacuation of ash from different ash ponds of BTPS, DVC, Bokaro, despite having eligibility, he was prevented from participating in the bid by using force. 3. It is further stated that the matter was brought to the notice of the Chairman, Damodar Valley Corporation and the respondents have" not paid any heed to it, although it is a serious matter by which fair competition amongst prospective bidders have been affected in the auctions held by the respondents." 4. Counsel for the respondents, on the other hand, submits that as per the terms of tender which are contained at Annexure-1, tender papers were to be submitted and even as per the statement made in para-10 of the writ petition, the last date of bid was 13 February, 2008 and the petitioner himself further stated in para-19 that the tender process has been completed. As such, the writ petition has been rendered infructuous by now. 5. It is further stated on behalf of the respondents, on instruction, that the entire work under the said tender has already been executed, which related to evacuation of ash from the ash ponds of DVC, Bokaro for its transportation and disposal. Counsel for the respondents stated that tender was done as per the paper publication as also publication on web. 6. It is further submitted on the part of the respondent DVC that on representation of the petitioner, a committee was constituted to enquire into such allegations, which had found that no hindrance was created to prevent anyone from participating in the tender. It is, therefore, submitted that the grievances of the petitioner have been taken care of and the matter has also been rendered infructuous. 7. Upon hearing counsel for the parties, it appears that the tender was to be executed within a limited period as per Annexure-1, tender notice and by the time, the writ petitioner approached this Court that tender process has been completed and by now as per the submission of the learned counsel for the respondents work has also been executed. 7. Upon hearing counsel for the parties, it appears that the tender was to be executed within a limited period as per Annexure-1, tender notice and by the time, the writ petitioner approached this Court that tender process has been completed and by now as per the submission of the learned counsel for the respondents work has also been executed. However, it is important for the respondents to bear in mind that in the tender process for invitation of bids from prospective and interested persons, it is to be ensured that the tender process is done in impartial manner without any occasion for any fear in the minds of those who are participating in the tender so as to ensure that the entire tender process is carried out in fair and transparent manner where the interest of the State exchequer and public interest is utmost. However, in the present writ petition, since the tender process has already been over, no interference is required in exercise of discretionary jurisdiction. Accordingly this writ petition is dismissed as infructuous.