BHARATH ENGINEERING WORKS Vs. UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) THE petitioner is challenging the re-tender notified as per Exhibit 11. The petitioner is a Marine Engineering Contractor engaged in various activities and having required experience. The 2nd respondent invited e-tender as per Exhibit P5 notification. The earnest money deposit was Rs.12 lakhs. The petitioner offered his tender as reflected in Exhibit P7. According to the petitioner, he had complied with all the conditions and was expecting the award of the work. It is also stated that on instructions from the 2nd respondent, he agreed to execute the work at the lowest rate and being the lowest tenderer, he is entitled to get the work in question, which is the case strongly pleaded by the petitioner. The petitioner, in the meanwhile, filed W.P.(C)No.13923/12 seeking for appropriate directions. The said Writ Petition has been dismissed as withdrawn. In the meanwhile, the tender itself has been cancelled, with a direction to the petitioner to collect the earnest money as per Exhibit P9.

(2.) HEARD the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

(3.) THE question is whether the petitioner is entitled for a direction as sought for in the Writ Petition. Only if a legal right is established and said to have been crystalised in his favour, this Court can issue a direction compelling the the respondent to award the work to the petitioner. Herein, the tender has not been finally accepted and no agreement has been executed. It was at the stage of offer alone and the authority has taken a decision as reflected in Exhibit P9. Therefore, such an authority is competent to take a decision in the matter, to accept or not to accept the tender. There is nothing to show that the decision is vitiated by malafides or by arbitrariness. The petitioner has been directed to collect the earnest money also, which has already been returned. In that view of the matter, no reliefs can be granted in this proceedings. The Writ Petition is dismissed.