Lav Constuction Bahauddinpur Gosainganj Thru. Partner. v. Director U. P. Rajya Krishi Utpadan Mandi Parishad
2014-09-24
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
body2014
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. The grievance of the petitioner is that in pursuance of a tender notice dated 5 August 2014, that was issued by the second respondent, he had submitted a bid and, without cancellation of the first tender notice, fresh tenders have been invited. 2. Learned Standing Counsel appearing on behalf of the respondents has placed on the record a copy of the bid submitted by the petitioner and has drawn the attention of the Court to condition no.9 of the tender notice. The relevant condition requires the bidders to specify their rates both, in figures and in words and, where a decimal point was used, to place a zero before the decimal point. Moreover, the rate was required to be quoted to the extent of two places beyond the decimal point. Such a condition was obviously imposed in order to prevent interpolation of the bid. 3. The bid document of the petitioner, which has been placed before the Court for its perusal, indicates that the petitioner had not complied with tender condition no.9. The bid submitted by the petitioner was cancelled on 30 August 2014 itself and, a fresh tender notice was issued. The cancellation has taken place in the presence of the petitioner whose representative has duly endorsed the document. 4. There is no merit in the grievance of the petitioner that he was unaware of the cancellation of his bid since the representation of the petitioner, which is annexed as Annexure No.4 to the petition, clearly indicates that the petitioner was aware of the rejection of his bid. 5. But, in our opinion, the more fundamental objection to the contention of the petitioner is that it is open to the competent authority not to award any contract in pursuance of the tender notice and to decide to issue a fresh tender notice. The authority has found that none of the existing bidders are qualified and hence, has decided to invite a fresh tender notice. Such a decision cannot be faulted and the Court would not be justified in issuing a mandamus directing the authorities to award a contract in pursuance of a tender notice. 6. We see no reason to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to costs.