CHANDRA NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge is to the conditions incorporated in the tender document. Learned counsel for the petitioners vehemently argues that the variation of the conditions is unjustified. He submits that the said conditions are highly unjust, arbitrary & unreasonable and therefore, are liable to be invalidated in view of Hon'ble Apex Court decision in E.P ROYAPPA Vs. STATE of TAMIL NADU, 1974 (4) SCC 3.

(2.) Learned Additional Government Advocate appearing for the respondents opposes the petition contending that what condition should be incorporated in which tender is the prerogative of the Executive and that a Writ Court cannot run a race of opinions with the same. He presses into the decision of this Court in W.P No. 16610/2022 between M/S GEETHA ELECTRICAL STORES vs. THE STATE OF KARNATAKA disposed of on 9/9/2022.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is broadly in agreement with the submission of learned Additional Government Advocate that consistently Courts have held that the judiciary ordinarily does not undertake a deeper examination of stipulation of tender conditions. Even otherwise there is nothing unjust or unreasonable in the new conditions now stipulated.