(1.) The present petition has been filed under Article 226 of the Constitution of India challenging the order dated 18-5-2021 passed by the respondent No.3, by which he has cancelled the notice inviting tender dated 02-03-2021, whereby tenders were invited for the work of painting of radial crest gate with hoist structure, stop-log gates, RBC sluice and emergency gate, LBC sluice and emergency gate with hoist structure, 70 tone gantry crane and replacement of rubber seal of 21 number of radial bearing tender id 2021_nvda_132264_1.
(2.) The petitioner is a joint venture of M/s Falcon Trading Company and M/s Krishna Enterprises. M/s Falcon Engineering is lead partner of the joint venture. The respondent No.3 issued a notice inviting tender on 02-03-2021 for the work of painting of radial crest gate with hoist structure, stop-log gates, RBC sluice and emergency gate, LBC sluice and emergency gate with hoist structure, 70 tone gantry crane and replacement of rubber seal of 21 number of radial. The petitioner was found to be technically qualified. It is asserted that the financial bid of the petitioner was also opened on 27-03-2021. The rate quoted by the petitioner amounting to Rs.2,13,18,424.94/- was found to be the lowest. In spite of completing all formalities, no steps were taken to award the tender in question in favour of the petitioner. Instead of awarding the work to the petitioner the respondent No.3 has now issued the impugned order dated 18-05-2021 whereby the said tender itself has been cancelled.
(3.) Learned counsel for the petitioner submits that the petitioner was found to be the lowest bidder in response to the first notice inviting tender, Annexure-P/5, dated 02-03-2021 having quoted Rs.2,13,18,424.94/- against the estimated sum of Rs.3,43,70524/- given in the NIT dated 02-03-2021. Even then the respondents have cancelled the earlier tender process and issued a fresh tender, Annexure-P/10, dated 25-5-2021. It is putforth that even though the scope of work as indicated therein, is the same, yet the cost of the work has now been enhanced to Rs.3,43,70524/-. Learned counsel for the petitioner strenuously urged that no reasons have been assigned for cancellation of the earlier tender process in the impugned order, Annexure-P/8. Notice was issued to the respondents and they were directed to file reply.