GORAKHNATH UPADHYAYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Executive Engineer of Public Works Department, Deoria, published a notice in local HINDI Newspaper named 'GRAM SWARAJYA' on 23-10-1992, inviting tenders for collection of toll at Bhagalpur and Narainpur Ghats for a period of three years. Tenders were required to be submitted on 2-11-1992. According to the conditions of the tender notice the tenders were to be submitted in two parts, part one of which was to contain the amount offered and part two to consist of all necessary papers. It was further mentioned therein that if part two of the tender, which consists of necessary papers, is not found in order, part one, which contains the amount offered will not be opened.

(2.) According to the terms and conditions of the tender and the proforma of its first part, which is reproduced below, price was required to be mentioned by the intending purchaser for the first year only. Price of the second year would be the amount offered for the first year plus 10% thereof and the price of the third year will be calculated by adding 10% to the price of the second year.

(3.) Four persons, namely, petitioner, Sri Vinod Kumar Pandey, his father, Sri Beni Madho Pandey and Sri Jagat Singh submitted their tenders on 2-12-1992. On 2-12-1992 itself the tenders were opened by the Executive Engineer. The tender of Sri Jagat Singh is said to have contained blank paper only and was accordingly rejected. Although both parts of the tenders of Sri Beni Madho Pandey and Sri Vinod Kumar Pandey were opened on the above date but part one of the tender of petitioner, which consists of the amount offered, was not opened. Price offered by Sri Vinod Kumar Pandey and his father. Sri Beni Madho Pandey for Bhagalpur Ghat for the first year was Rs. 2,25,561.00 and 1,55,525.00 respectively. Price offered by them for Narainpur Ghat was Rs. 11,560.00 and 5,555.00 respectively. Although the first part of the petitioner's tender was not opened but it has been stated in the writ petitions that he has offered Rs. 2,55,000.00 and Rupees 71,100.00 for the first year for Bhagalpur and Narainpur Ghats. Learned Standing Counsel has produced the original record before us and we have opened the first part of the tenders of the petitioner in the Court, from the perusal of which it is apparent that the statement made by the petitioner in his writ petition about the offer of the money for both the Ghats is correct. The price offered for the two Ghats in question for the first year by the three contenders namely, the petitioner, Sri Vinod Kumar Pandey, and his father, Sri Beni Madho Pandey and the price for the second and third years by adding 10% to the price of preceding year is as follows: 283.htm@@@