(1.) The petitioner seeks for declaration to declare that the discharge of tender without opening the qualified price bids of the tenderers as arbitrary, unauthorized, without jurisdiction, illegal, invalid and null and void and thereby direct the respondents to adhere to the terms of the tender in E-Tender Notice No.17-CE-CN-MS-18-OM-8-II dated 19.09.2018 and open the qualified price bids which were pre-qualified in the price bids, entitled to award of the contract for the work in the event of any price bid among two (2) becoming the lowest and viable to the administration.
(2.) The case of the petitioner is as follows:
(3.) The counter affidavit is filed by the respondents, wherein it is stated as follows: