RECONDO LTD Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for, a declaration that the entire proceedings of respondents 1 to 4 culminating in the acceptance of the tender submitted by the 5th respondent are null and void, and such other reliefs as are deemed fit under the circumstances of the case.

(2.) 2.1. The petitioner is a registered contractor. It has registered as such with CPWD, KPWD, IAAI, HAL, BWSSB etc. Similarly, the 5th respondent is also a registered contractor. The 1st respondent is the Board of Trustees of the New Mangalore Port Trust (hereinafter referred to as the Board) constituted by the Central Government under the provisions of the Major Port Trust Act, 1963 (hereinafter referred to as the Act). The 2nd respondent is the Chair-man of the Board. Respondents 3 and 4 are the Superintending and Executive Engineers (Construction Division) Nos. 2 and 1 respectively of the 1st respondent.

(3.) 3.1. For the purpose of providing roads, drains and stock yard for additional general cargo berth, the 4th respondent on behalf of the 1st respondent invited sealed tenders upto 4 pm. on 12-10-1984 from the registered and eligible contractors of New Mangalore Port Trust, State PWD, CPWD, Railways and MES, who were in possession of or in a position to acquire or hire the central hot mixing plant of the capacity of 20 to 30 tons/Hour, of make Marshall or equivalent, Mechanical Payer, Finishers, Sprayers, Tippers, Lorries, Road Rollers etc. and who had carried out such type of works. The work in respect of which the tenders were invited is described in the notice inviting the tenders bearing No. NIT 1/84-85 CDNI (Produced as Annexure-A), The notice further stated that the "tender Schedule will be issued only to those who produce authentic records for the proof of possessing or acquiring or hiring the major equipments mentioned above", The aforesaid notice was not published in any newspaper, nor it is stated that it was published in the Official Gazette of the State or the Central Government. It was only sent to four registered contractors, who, as stated by respondents 1 to 4 in the statement of objections were the petitioner, respondent- 5 and Lakshmichand and Y. Parthasarathi. But the said notice states that it is sent to all the District Heads of the Government Department Office with a request to notify the same in their Notice Board and all Division Offices of NMPT with a request to notify the same in their notice board.