Jodhpur Engineering Consultants & Research Centre v. State of Rajasthan & Ors.

ORDER Jodhpur Engineering Consultants & Research Centre Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO.6629/2008 Date of Order : : 04/09/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.A.K.Acharya, for the petitioner. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the notice Annexure-3 dated 26th April, 2008 inviting tender and also seeks quashing of the contract entered in favour of the respondents No.4 and 5 for which the tender was invited vide Annxexure-3. I have heard learned counsel for the petitioner. Carefully gone through the material on record. It is contended that petitioner fulfills all requisite eligibility for the tender work sought to be executed, however, 2 submits that petitioner could not file the tender since tender form were not made available to him. It appears that tender was invited by respondent No.3 by publishing notice on 26th April, 2008 in a local newspaper and last date for submitting the tender form was 21st May, 2008 at 3:30 PM and tender was to be opened on the same day at 4:00 PM. The petitioner has not filed the tender and the tender filed by the respondents No. 4 and 5 was accepted and execution work was sanctioned and contract was entered in their favour. In my view when the petitioner has not filed the tender, he cannot be a person aggrieved by the grant of contract in favour of respondents No.4 and 5. The writ petition is devoid of merit and, is therefore, dismissed. (H.R.PANWAR), J. NK 3 S.B.CIVIL MISC.STAY APPLICATION NO.11589/2008 IN S.B.CIVIL WRIT PETITION NO.6629/2008 Date of Order : : 04/09/2008 HON'BLE MR.JUSTICE H.R.PANWAR Mr.A.K.Acharya, for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. NK