Allahabad High Court
Sabhapati Pathak & Ors. vs State Of U.P. & Others on 28 January, 2010
Bench: Ashok Bhushan, Bala Krishna Narayana
Court No. - 2 Case :- WRIT - C No. - 1541 of 2010 Petitioner :- Sabhapati Pathak & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Gautam Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioner.
By this writ petition, the petitioner has prayed for quashing the tender notices dated 20th November, 2009, 25th November, 2009, 27th November, 2009 and 1st December, 2009.
Learned counsel for the petitioner along with the supplementary affidavit has filed copy of the tender notice dated 20th November, 2009 and has referred to Clause 17 which provides that only those contractors may participate in the tender proceeding who are owner of hot mix plant and vat mix plant.
Learned counsel for the petitioner submits that in the instructions to the contractors the instructions are otherwise and even a person who has filed evidence of arranging those plants is eligible. He further contends that security amount has been increased from 2 percent to 5 percent.
We have considered the submissions and perused the record.
When the advertisement clearly provided that only owners of hot mix plant and vat mix plant are eligible to participate, the instructions have to be read accordingly. The clause of the advertisement cannot be diluted on the basis of certain instructions, which are not applicable. In so far as the submission regarding security of 5 percent is concerned suffice it to say that it is open for the tendering authority to lay down amount of security in the contract. There is no statutory violation in fixing the security amount at 5 percent. No ground is made out to interfere with the tender notice.
The writ petition is dismissed.
Order Date :- 28.1.2010 Rakesh