Jammu & Kashmir High Court
Lakshman Singh vs Ut Of J&K And Others on 20 January, 2023
Author: Rahul Bharti
Bench: Rahul Bharti
12
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 79/2023
CM No. 191/2023
Lakshman Singh .....Petitioner(s)
Through: Mr. Dhruv Pant, Advocate
Vs
UT of J&K and others .....Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
20.01.2023 Heard learned counsel for the petitioner. The petitioner along with two other bidders came to respond to tender notice e-NIT no. 28 of 2022-23 dated 17.10.2022 which is for the works identified thereunder. The petitioner, as being the Class-A contractor, came to be apprised through a SMS message received on 03.01.2023 that his bid has not been admitted by a duly constituted committee. An outcome of the evaluation of the three bidders quo this e-NIT came to be uploaded on e-procurement system on 14.01.2023 at 1.28 p.m. wherein the status of the petitioner is reflected as Not Admitted-Fee/PreQual/Technical for the reason of violation of GFR 2017. Except for this generalized reference there is no mention for the notice of the petitioner to make a sense as to which particular provision of GFR of 2017 has been found short of by the duly constituted committed as referred in the SMS message sent on 03.01.2023. The petitioner's bid for an amount of Rs. 176.12 lacs approximately is 2 WP(C) No. 79/2023 reported to be lower than the two bidders and its ouster with the ouster of the remaining two other bidders in fray.
The petitioner has come to register this writ petition to question very bona fide of the purported decision to oust him from the bidding process on the plea that the same was meant to eliminate the bid of the petitioner which was better than the bids of the two other bidders as is borne out from the result of the opening of the financial bids. Thus, the petitioner is assailing the entire course of action at the end of the respondents.
Prima facie case is made out.
Issue notice to the respondents.
The petitioner shall furnish registered postal covers within a period of ten days, whereupon the Registrar Judicial Jammu to issue notice to the respondents.
List this case on 10.03.2023.
In the meantime, the allocation of contract/ allotment of contract work thereunder with respect to e-NIT no. 28 of 2022-23 dated 17.10.2022 shall not be finalized till next date of hearing before this Bench. This interim order however is subject to objections from the other side.
(Rahul Bharti) Judge Jammu 20.01.2023 Muneesh