Jammu & Kashmir High Court
M/S Randhir Singh Group Of ... vs Union Territory Of J&K And Others on 30 October, 2023
Sr.No. 121
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP (C) No. 2742/2023
CM No. 6463/2023
CAV No. 1371/2023
M/S Randhir Singh Group of Constructions th. ....Petitioner(s)/Appellant(s)
Yuvraj Singh
Through :- Mr. Jasbir Singh Jasrotia, Advocate.
V/s
Union Territory of J&K and others ....Respondent(s)
Through :-
Coram: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER
30.10.2023
1. The case set out by the petitioner is that respondent No. 2 vide E-NIT No. CEJ/PMGSY/744 of 2023-24 dated 10.08.2023 invited e-tenders for upgradation of various roads under Pradhan Mantri Gram Sadak Yojana in districts, Jammu, Kathua, Rajouri, Ramban, Reasi and Udhampur for 18 number of packages including Defects Liability and Maintenance Period of five years. He participated in the bidding process. Technical bid was opened by respondent No. 2 and name of the petitioner figured in the summary of Technical Evaluation Report. While going through the said Report, through online tendering portal he came to know that number of bidders, were ineligible as prescribed under the Standard Bidding Document. Being aggrieved, petitioner by virtue of letter dated 10.10.2023, highlighted the shortcoming in the tender documents of the said bidders.
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2. According to the petitioner, when he did not get any response, a legal notice dated 15.10.2023 was served upon respondent No. 2, consequently impugned revised summary of technical evaluation report came to be issued by respondent No. 2, whereby only name of M/s Highway Constructions was removed, however, respondents No. 4 to 10 were retained despite the fact that they failed to fulfill the eligibility criteria. He again approached respondent No. 2 through letter dated 25.10.2023 but in vain.
3. The grievance of the petitioner is that official respondents have accepted the technical bid of respondents No. 4 to 10 who are ineligible as per the Standard Bidding Document.
4. A case for interim indulgence is made out.
5. Issue notice to the respondents, returnable within four weeks. Requisites steps for service within one week.
6. List on 13.12.2023.
7. Meanwhile, respondents are restrained from selecting and allotting work to any bidder who fails to fulfill the eligibility criteria as prescribed under Standard Bidding Document.
8. Copy of this order be provided to learned counsel for the petitioner under seal and signatures of the Reader.
(Rajesh Sekhri) Judge Jammu:
30.10.2023 Renu