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Jammu & Kashmir High Court

Manzoor Ahmed Malik vs Union Territory Of J&K & Ors on 25 November, 2021

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                           Sr. No. 191
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                       WP(C) No. 2556/2021
                                                         CM No. 8805/2021

Manzoor Ahmed Malik                                .... Petitioner/Appellant(s)

                          Through:-   Mr. Muzaffar Iqbal Khan, Advocate

                    V/s

Union Territory of J&K & ors.                               .....Respondent(s)

                          Through:-

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                   ORDER

The contention of the petitioner is that he had participated in NIT No. 32 of 2021 22 dated 02.07.2021, and was declared as lowest bidder L1 in the same. It appears that the respondents did not issue allotment letter to him, constraining him to approach this Court by way of WP(C) No. 2446/2021, which is pending consideration.

The petitioner is aggrieved of communication dated 18.11.2021 vide which the respondents have decided to put the works advertised vide NIT No. 32 of 2021 22 dated 02.07.2021 to fresh tender, on the ground that as per Letter of Ministry of Finance dated 12.11.2020, which reads as under:

"if the rate quoted by the lowest bidder is abnormally low, the bidder may be asked to produce the detail price analysis of its bid price in relation to scope, schedule and allocation of risks and responsibilities and any other requirement of the bid document."
2 WP(C) No. 2556/2021

The respondents, however, have without seeking the detail price analysis of bid price from the petitioner has invited fresh tender of the aforesaid work.

Notice to the respondents, returnable within four weeks. Requisites for the same within one week. Dasti service is also permitted.

List alongwith WP(C) No. 2446/2021.

Meanwhile, subject to objections and till next date before the Bench, respondents shall not allot the work in terms of NIT No. 32 of 2021 22 dated 02.07.2021. Alteration/modification on laying motion.

(Sindhu Sharma) Judge JAMMU 25.11.2021 RAM MURTI RAM MURTI 2021.11.27 17:15 I attest to the accuracy and integrity of this document