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1 - 3 of 3 (0.59 seconds)Article 227 in Constitution of India [Constitution]
Subodh Kumar Singh Rathour vs The Chief Executive Officer on 7 July, 2023
In Subodh Kumar (supra), the Hon'ble
Apex Court has held that an action under a writ will lie
even at the stage prior to the award of a contract by
the State, wherever such award of contract is imbued
with procedural impropriety, arbitrariness, favouritism
or without any application of mind. However, it is also
cautioned that Courts may set aside the decision
which is found to be vitiated for the reasons stated
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above, but Courts cannot substitute the same with its
own decision. It is also held that even after the
contract comes into existence, an action may lie by
way of a writ to either obviate an arbitrary or
unreasonable action on part of the State or to call
upon it to honour its obligations unless there is a
serious or genuine dispute as regards the liability of
the State from honouring such obligation. When we
consider the grounds raised in these writ petitions,
viz., that certain conditions are arbitrary,
unreasonable and impossible to comply, this Court is
not impressed with such contentions, raised at the
hands of the petitioners. The impugned conditions are
not such that they are designed to favour a few
tenderers and keep away a few. Such tender
condition are uniformly made applicable in all the
districts of the State. It is also not possible to hold
that the conditions are impossible to comply with. If
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COVID-19 has caused disruption in the business of the
petitioners, it would be the same even in respect of
other bidders also. During the course of the
argument, this Court was apprised of the fact that
more than 92 bids were received by the respondents
and because of the interim orders of stay passed by
this Court, the respondents are not able to proceed
with the tender process. This Court is dealing with
tenders pertaining to supply of food grains and
vegetables to the children residing and studying in the
Schools established by KREIS which are about 821 in
number. Any further delay in the conclusion of the
tender process will seriously impact the children
studying in the Schools. Merely because the
petitioners contend that they may have some difficulty
in complying with the conditions, it will not call for
interference and direct amendment to the tender
conditions.
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