B.K. ENTERPRISES Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Manipur at Imphal dated 04.11.2020 in Writ Appeal No. 28/2018, by which the Division Bench of the High Court has disposed of the said writ appeal with the following directions,

(2.) We have heard Shri Siddhartha Dave, learned Senior Advocate appearing on behalf of the appellant and Shri Pukhrambam Ramesh Kumar, learned Advocate appearing for the respondents.

(3.) That the State of Manipur through the Director of Social Welfare Department, Government of Manipur issued a NIT on 22.06.2017 for transporting Rice and other micronutrients under the Wheat Based Nutrition Programme (WBNP), from Food Corporation of India's depots in the State of Manipur, to the offices of Child Development Project Officers. That the State's Higher Tender Committee in its meeting dated 16.12.2017, recommended that the acceptable band of rate was Rs.6.265 - Rs.11,635 per MT per KM and further recommended that Route No.8 be awarded to one RK and Co. and that fresh tender should be conducted for the other routes. That respondent no.2 awarded contracts for all the routes to one RK and Co. by way of interim arrangement till the finalization of the re-tender process. That the appellant herein filed a writ petition before the High Court being Writ Petition (Civil) No. 63/2018 seeking award of tender with respect to route nos. 1,3,5 and 9 alleging inter alia that being the lowest bidder as per Higher Tender Committee's band rate, it should be awarded the contract with respect to route nos. 1,3,5 and 9. During the pendency of the aforesaid writ petition, respondent no.2 - Director, Social Welfare Department vide order dated 30.04.2018 cancelled the Higher Tender Committee's proceedings and recommendations dated 16.12.2017.