DEEPAM CONSTRUCTIONS Vs. CHIEF ENGINEER HIGHWAYS DEPARTMENT CHEPAUK

JUDGEMENT

(1.) THE petitioner seeks for the following prayer: "to issue a Writ of Mandamus, to forbear the respondents herein from considering the bid of any other tenderer without considering the bid of the petitioner herein as a valid and qualified bid in respect of the work of widening and improving of Kallakurichi-Tiruvannamalai Road from Km 41/3-63/6 in Tiruvannamalai Sub-Division notified in the Tender Notification No. 51/2005/HDO dated 5.12.2005"

(2.) THE brief facts which are required to be stated are that pursuant to allotment of a sum of Rs.700 lakhs for the purpose of widening and improvement of Kallakurichi-Tiruvannamalai road from Km 41/3-63/6 in Tiruvannamalai Sub-Division, tender was invited by the Notification dated 2.5.2005. THE petitioner submitted its tender pursuant to the said Notification. Since the petitioner's bid was rejected, a Writ Petition came to be filed in W.P. No. 26544 of 2005 for the issuance of a Writ of Mandamus, to forbear the respondents therein from accepting or confirming any of the bids without considering the bid of the petitioner. In the said Writ Petition, the learned Special Government Pleader made a representation that the bid of successful bidder was cancelled and that the respondents decided to renotify the tender. THErefore, the very Writ Petition itself was dismissed as having become in fructuous by order-dated 29.11.2005.

(3.) ACCORDING to the petitioner, it had satisfied the said qualification. It is contended that after the opening of the financial bid, the petitioner was not invited and it was at that point of time, this Writ Petition came to be filed. While entertaining this Writ Petition on 3.2.2006, the confirmation of the bid of other bidders was directed to be withheld.