CHAITHANYA BHARATHI GRAMEENA ABHIVRUDHI SAMSHTE, YELAWALA HOBLI, MYSORE Vs. THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 12-2-2016 impugned at Annexure-M to the petition. In that light, the petitioner is seeking that the respondents 1 to 3 be directed to accept the bid/offer of the petitioner as on the date of submission of the bid as per the observations by this Court through the order dated 2-9-2015 passed in W.P. No. 11532 of 2015.

(2.) The petitioner and the fourth respondent among others responded to the tender notification floated by respondents 1 to 3. On consideration of the same, through the letter of acceptance dated 28-1-2015 the work had been assigned in favour of the fourth respondent herein. The petitioner claiming to be aggrieved by the same was before this Court in W.P. No. 11532 of 2015. This Court on consideration of the rival contentions has by its order dated 2-9-2015 arrived at the conclusion that the action of respondents 1 to 3 was not justified and in that light having set aside the recommendation of the Tender Committee dated 27-1-2015 which resulted in letter of acceptance dated 28-1-2015 had directed respondents 1 to 3 to redo the process in terms of the observations made in the order within four weeks.

(3.) Respondents 1 to 3 had assailed the said order before the Honourable Division Bench in W.A. No. 3489 of 2015 and connected petitions. The Honourable Division Bench by the order dated 2-11-2015 had however affirmed the order and as such the reconsideration has thereafter been made by the respondents. The Tender Committee by consideration dated 12-2-2016 made a recommendation to discharge the earlier tender and call for a fresh tender duly recasting the estimate taking into consideration the High Court's observations. The petitioner being aggrieved by the act of respondents 1 to 3 in not considering the case of the petitioner and awarding the work to him, is before this Court in this petition.