LAWS(UTN)-2019-5-82

LAXMI DATT BINWAL Vs. STATE OF UTTARAKHAND

Decided On May 31, 2019
Laxmi Datt Binwal Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Rakesh Thapliyal, learned counsel for the petitioner, Mr. B.S. Parihar, Standing Counsel for the State/respondent No.1, Mr. S.S. Chauhan, learned counsel for the respondent Nos.2 to 4 and Mr. Sanpreet Azmani, learned counsel for respondent No.5.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition No.2982 of 2018 (M/S) dtd. 8/5/2019. The appellant herein invoked the jurisdiction of this Court seeking a writ of certiorari to quash the decision of the Tender Technical Committee dtd. 6/9/2018 whereby the technical bid submitted by the petitioner, pursuant to the notice inviting tender dtd. 8/6/2018, had been rejected in an illegal and arbitrary manner; a writ of mandamus commanding the respondents to declare the petitioner as a qualified bidder, and consider the claim of the petitioner for allotment of the road construction work from Takkhandak to Blatari under the Pradhan Mantri Gram Sadak Yojana, as the financial bid submitted by him was the lowest.

(3.) The appellant-writ petitioner participated in the bids invited by the Uttarakhand Rural Road Development Agency (the "URRDA" for short). The said notice inviting tenders dtd. 8/6/2018 was published by the office of Chief Engineer, URRDA inviting bids through electronic tendering system for relaying of the road under the Pradhan Mantri Gram Sadak Yojana for the work indicated in the notice, including their maintenance, from eligible and approved contractors registered with the Public Works Department or the Central Public Works Department or its equivalent. The petitioner submitted their bid for package No.UT-04-35 Takkhandak to Balatari MR State-I, which is an XVI stage work, having a length of 12.600 kms. The estimated cost of construction of the work was Rs.753.65 lakhs, and the maintenance cost was Rs.45.80, i.e. a total cost of Rs.799.45 lakhs.