RAMA ENGINEERING CONTRACTORS Vs. CONSTRUCTION ENGINEER CIVIL ENGINEERING DEPARTMENT OF SPACE GOVERNMENT OF INDIA SRIHARIKOTA NELLORE

JUDGEMENT

(1.) This writ appeal is against an order of our learned brother Gangadhara Rao, J., dismissing the petitioners writ petition filed seeking a declaration from this Court that the acceptance of the tender of the second respondent-Con-tractor to construct a group of houses at Sulurpet for housing the employees of the Space Project at Sriharikota by the Construction Engineer of Sriharikota Space Organization, the first respondent herein is illegal and an order directing the first respondent to consider the tenders opened on 21-1-1980 and to accept the petitioners tender.

(2.) Construction Engineer, Civil Engineering Division, Department of Space, Government of India, Sriharikota, Nellore, invited sealed tenders for the construction of D and E types of quarters for housing those working in the Space Project at Sriharikota. The officially estimated cost of construction of these homes was around Rs. 11,87,000.00. The petitioner which is a firm of contractors offered through its tender to construct those houses at a price of Rs. 13,07,729.00 whereas the second respondent, another contractor, offered to construct the same houses for a price of Rs. 13.21,581.00. The other contractors who quoted much higher rates were out of picture and nothing more need be said about them.

(3.) The petitioners was the lowest tender and the next lowest was that of the second respondent. Yet, the contract for the construction of those houses was awarded to the second respondent. Not unnaturally this gave rise to a feeling of inequitous treatment leading the petitioner to this Court to file the present writ petition challenging the validity of the action of the first respondent in rejecting his tender and awarding the contract to the second respondent.