VINOD AND ASSOCIATED Vs. STATE OF MADHYA PRTADESH

JUDGEMENT

(1.) Petitioner in this writ petition is challenging the notice inviting tender (P.I) dated 20th September, 2002. Petitioner is mainly aggrieved by the imposition of the condition of submitting the security of l/3rd amount of the total quantity of the sand proposed to be removed; to beworked out at the rate of 75.00 per cubic meter of sand. The other ground of challenge is giving of only seven days time which is insufficient for such a huge tender.

(2.) Petitioner submits that amount of the security in non-static; the same has to vary as per the quantity which is to be offered by a tenderer though 1/3rd to be worked out at the rate of 75.00 per cubic meter is fixed but as quantity of sand has to be offered by a tenderer by the mode adopted huge amount of security has been demanded which is with a view to keep out the small tenderer from the fray. On the earlier occasions, such amount of security was not insisted. The other ground urged by the petitioner is that with a view to oblige only few persons having more money; only seven days time was granted. Hence, the relief is prayed to quash the tender notice (P. 1) and to direct the respondents to issue fresh tender notice in accordance with law and with lawful conditions and giving it wide publication in the public interest and in the interest of revenue affording opportunity to all interested persons to participate therein and to direct the respondents to accept the tender form of petitioners irrespective of condition No. 3 and the order (P. 4) granting contract in favour of respondent No. 4 dated 30th September, 2002 and agreement (P. 5) dated 8-10-2002 be declared illegal and void.

(3.) State Mining Corporation/Respondents No. 2 and 3 have set in return, that 10 persons purchased the tender. The five tenderers have submitted their tenders. Tenders were opened and the tender of respondent No. 4 being of highest amount, has been accepted. Respondent No. 4 had offered that he would lift/excavate 1.55 lakh cubic meter sand within a period of one year i.e. from 1-10-2002 to 30-9-2003 at the rate of Rs. 75/- per cubic meter. The total bid amount came to Rs. 1,10,25,000/-. Contract has been awarded, Agreement (P. 5) has been entered into and work order has also been issued. The earnest money of other bidders was returned on 7-10-2002. With respect to the condition of security it is submitted that condition is just & proper so that unscrupulous and incompetent persons may not come forward, who after the award of contract of this magnitude may default in payment after extracting huge quantity leaving the Corporation in a helpless condition to make recovery of its dues. The condition cannot be said to be unreasonable or arbitrary. Time given is reasonable. Earlier contract was to expire on 30th September, 2002. It was necessary to award fresh contract before the expiry of date. NIT was issued on 20-9-2002.