M/S. BHAGWATI CONSTRUCTION Vs. ZILLA PARISHAD, NANDED

JUDGEMENT

(1.) The petitioner in Writ Petition No.1274/2022 has impugned the order dtd. 14/1/2022 thereby rejecting the technical bid of the petitioner on the ground that, there was flaw in the agreement of machinery tender.

(2.) The learned counsel for the petitioner submits that, respondent nos.1 and 2 ought to have given notice to the petitioner if any discrepancies appeared in the tender documents submitted by the petitioner before rejecting the technical bid submitted by the petitioner. He invited our attention to the agreement entered into between the petitioner and Mr. Chandrakant B. Chinchalkar annexed at Exhibit-C to the petition dtd. 13/11/2021 in respect of hiring machinery which were required according to the petitioner for the work if would have been awarded to the petitioner by respondent nos.1 and 2. He invited our attention to the letter dtd. 23/11/2021 annexed by the Zilla Parishad in the affidavit-in-reply addressed by Mr. Chandrakant B. Chinchalkar to the Executive Engineer informing that, the agreement dtd. 13/11/2021 between the petitioner and Mr. Chinchalkar was cancelled.

(3.) It is submitted by the learned counsel that, the financial bid of the petitioner being lowest, the respondent nos.1 and 2 could not have rejected the technical bid submitted by the petitioner and that also on the ground that there was discrepancy in the agreement entered into between the petitioner and Mr. Chinchalkar. He invited our attention to the condition nos.3 and 4 at pages 24 and 25 of the petition and would submit that, the petitioner was not required to submit such certificate alongwith tender documents.