TARUN AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India, 1950, seeking a direction to the respondent no.2/National Highway Authority of India (hereinafter referred to as "NHAI") to cancel the bid submitted by the respondent no.3/M/s Chrishmatic Developers Private Limited (successful bidder) in respect of Request for Proposal bearing tender no. "NHAI/WSA/DBOT/NORTH&EAST/1/2022" dtd. 26/9/2022 (hereinafter referred to as "RFP"), and further to restrain NHAI from awarding any tender/contract/work to respondent no.3. He further seeks a direction to award the said tender to him, being the highest bidder.

(2.) Before we advert to the facts of the case, it would be pertinent to note that the petitioner has incorrectly referred to "NHAI" as the tendering authority, and has directed his reliefs against it, while factually it is the respondent no.4/National Highway Logistics and Management Limited (hereinafter referred to as "NHLML"), which is the tendering authority and the relief ought to be claimed against it. Therefore, our references in the following paragraphs would be to "NHLML".

(3.) The brief facts germane to the present lis, leading to the filing of the instant petition, are as follows: