PRABHA CONSTRUCTIONS Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner by this petition, has called in question the order annexure P/1, issued by the Executive Engineer Rajghat. Canal Division No.2, Orchha, by which, the acceptance of tender submitted by the petitioner, has been cancelled and the security amount has been forfeited.

(2.) Petitioner contractor, doing work on contract basis, submitted it's tender in pursuance to tender notice dtd. 24.2.2001, for the purpose of construction of earth work and other works in Rajghat Canal Project. The tender notice is filed as Annexure R/1. According to the aforesaid notice, registered contractors were entitled to submit their tender. It is the case of petitioner that in pursuance to the aforesaid, he had submitted his tender, his tender being the lowest, was accepted and infact, acceptance of tender was communicated to the petitioner vide letter dtd. 18.5.2001 Annexure P/7. The petitioner was called for the purpose of executing the agreement within 7 days. It is the case of petitioner that he submitted all the requisite documents vide Annexure P/8. The petitioner had also got himself registered as a Class A-4 contractor with the department vide Annexure P/9 on 8.5.2001, however, by the impugned order Annexure P/1, received by the petitioner on 31.5.2001, the tender of petitioner has been cancelled and the security has been forfeited without giving any opportunity of hearing.

(3.) It is the case of petitioner that has tender was properly accepted and vide Annexure P/10, itself the department circulated with regard to the award of contract and tender. The condition is that the contractor has to get himself registered before execution of agreement. It is submitted by the petitioner that it was only on 18.5.2001, vide Annexure P/7, that he was called for executing the agreement before that date, i.e. on 8.5.2001, he had obtained necessary registration vide annexure P/9. That being so, it is contended by him that cancellation of the tender by the impugned order, is arbitrary and illegal and forfeiture of security amount is also unjustified and unwarranted.