MAIHAR CEMENT PIPE INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is heard finally.

(2.) By this instant petition under Article 226 of the Constitution of India, the petitioner has challenged the legality, validity and propriety of the Letter of Acceptance (LoA) dtd. 22/5/2024 (Annexure-P/7) issued by the respondent No.3 for the work of "Loading and Transportation of Coal by Payloaders and Tippers combination from East Purewa Seam (Surface Miner face) to Nigahi Wharfwall/Spur-2 Siding, Singrauli/Hopperof new CHP in east by Contractor's tipping trucks including loading of coal in railway wagons at Nighai Wharf wall/Spur- 2 Siding, Singrauli for a quantity of 90.00 Lakh Tons for a period of three years (1096 days) at Nighai Project", by which the tender has been awarded in favour of respondent No.4.

(3.) The brief facts of the case are that the petitioner is a proprietor ship firm carrying on the business in the name and style "Maihar Cement Pipe Industries". The respondent no.3 floated a tender on 7/2/2024 for Loading and Transportation of Coal at Nigahi Wharf/Spur-2 Siding, Singrauli for a total quantity of Rs.90.00 Lacs tons for a period of three years. As per clause-25.2(B) of the Tender document, a detailed procedure has been prescribed in order to select final L-1 bidder, i.e., in case, where there are more than two lowest bidders and splitting up of work is not considered necessary. As per the aforesaid clause, it was stipulated that all the L-1 bidders are advised to submit the reduced price and final L-1 bidder may be decided on the basis of revised (reduced price) or through another mode prescribed i.e., through "Reverse Auction" amongst the L-1 bidder through Online mode.