SUHAIL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) B. M. Lal, J. Suhail Ahmad, who is a registered contractor in the office of Regional Food Controller Allahabad and doing the contract-job of transporting food grains, sugar etc. from P1cf godown Dandi, Allahabad to all blocks of district Allahabad, seeks a writ in the nature of certiorari quashing an order of respondent No. 2 dated 1-7-1996, by which contract-job of transportation has been allotted to respondent No. 3-M/s Ekbal and Sons, Kareilly, Allahabad.

(2.) IN nutshell, the caseof the petitioner is that he is a contractor carrying on busi ness of transportation of food grain and Sugar of F. C. I. (Food Corporation of INdia ). The branch of F. C. I. at Allahabad i. e. respondent No. 2 Regional Food Controller Allahabad, invites tenders every year from registered contractors and after considering over all comparative merits as also the rates offered, the contract of transportation is settled in favour of the best contractor.

(3.) THUS, main grievance of the petitioner is that despite petitioner's tender being of the lowest rate and even after negotiation, reduction in rate from 540% ASR to 530% ASR, the said contract was not granted in favour of the petitioner but was granted to respondent No. 3 M/s Ekbal and Sons, whose tender rate was 10% ASR higher than the petitioner.