SIDDHANATH CONSTRUCTION Vs. ARUN KUMAR SHARMA

JUDGEMENT

(1.) The challenge in this petition under Article 226 of the Constitution of India is to the tender condition no.10 of the subject e-tender issued for proposed construction of administrative building of the respondent no.2 - The Chief Officer, Sangola Municipal Council, Tal. Sangola, Dist. Solapuar ('Municipal Council', for short). It is petitioner's case that by incorporating the impugned tender condition, the petitioner stands ipso facto deprived from participating in tender process.

(2.) The facts of the case in brief need to be stated. The petitioner is a proprietary concern engaged in the business of construction activities. The notice inviting e-tender dtd. 22/8/2025 for proposed construction of Administrative Building of Municipal Council was issued for an estimated cost of Rs.11,99,31,294.00. Clause 10 of the tender condition prescribed the minimum executed quantity required, which reads thus :-