Public interest litigation challenging the award of a contract despite the petitioner being the lowest bidder. The court noted a pending representation and directed authorities to respond, disposing of the petition without entertaining it.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-16700-2021 (O&M) Date of decision:- 27.08.2021
M/s Creative Design Group, Kurukshetra
...Petitioner(s)
Versus
State of Haryana and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON’BLE MR. JUSTICE ARUN PALLI
Present: Mr. Hardeep Singh Kasan, Advocate, for the petitioner.
Mr. Deepak Balyan, Additional Advocate General, Haryana.
(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) * * * *
RAVI SHANKER JHA, C.J. (ORAL)
This petition has been filed by the petitioner being aggrieved by the fact that though the respondent-authorities had called it for negotiations, but awarded the contract for carrying out survey, layout, preparation of GAD’s geotechnical investigation detailed designing, working drawings, vetting of drawing & detailed estimates for re-construction of bridges at RD 0.729, 2.459, 4.891, 7.178, 8.414, 8.270, 10.336 and 11.336 KM of Kanwala Disty. (as detailed in Notice Inviting Tender) proposed to be constructed in District Ambala, Haryana to respondent No. 5 inspite of the fact that the petitioner was the lowest bidder pursuant to the tender notice dated 28.06.2021 (Annexure P-2).
It is submitted that such a course as has been adopted by the respondent-authorities is not permissible in law and, therefore, the impugned communication dated 27.07.2021 (Annexure P-5) be quashed.
It is observed that the petitioner has already filed a representation dated 30.07.2021 (Annexure P-8) before the respondent-authorities which is pending consideration.
Mr. Deepak Balyan, learned Additional Advocate General, Haryana, on instructions, submits that the respondent-authorities shall consider and pass a detailed order on the representation dated 30.07.2021 (Annexure P-8) filed by the petitioner and communicate the same to it accordingly.
In view of the aforesaid statement made by learned State counsel, we do not find any reason to entertain the present petition which is disposed of.
AMODH SHARMA 2021.08.31 14:45 I attest to the accuracy and integrity of this document
CWP-16700-2021 (O&M)
2
It is made clear that this Court has not expressed any opinion on the merits of the case and, therefore, the authorities would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter accept or reject the same in accordance with law.
(RAVI SHANKER JHA) CHIEF JUSTICE
(ARUN PALLI) JUDGE
27.08.2021
Amodh
| Whether speaking/reasoned | Yes/No |
|---|---|
| Whether reportable | Yes/No |
AMODH SHARMA 2021.08.31 14:45 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petition challenging the award of a government contract is maintainable when a representation by the petitioner is pending consideration.
M/s Creative Design Group, Kurukshetra
State of Haryana
Ravi Shanker Jha
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
