KANDARIA CONSTRUCTIONS COMPANY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner is a registered partnership company with Shri A.L. Sancheti as one of its partners who was retired as a Chief Engineer from Public Works Department. Department of Water Resource, Madhya Pradesh vide its communication No.35/37/96/Madhyam/31/480 dated 18th July, 2003 (Annexure/P-2) conferred entitlement on the retired engineers of its own department as well as of Public Works Department and Public Health Engineering Department for the purpose of registration as contractors in the following manner : 1. Retired Assistant Engineer A-I/S-I 2. Retired Executive Engineer A-II/S-II 3. Retired Superintending Engineer A-III/S-III 4. Retired Chief Engineer/ A-IV/S-IV Engineer-in-Chief

(2.) Petitioner submitted an application on 27.4.2006 for registration as contractor in Class A/V which was allowed on 5.6.2006 and the petitioner was so registered for a period of five years. Copy of registration certificate is marked as Annexure/P-5 wherein Shri A.L. Sancheti, retired Chief Engineer has been shown as one of the partners with 50% shares in partnership.

(3.) Respondent No.4 invited bids vide advertisement contained in Annexure/P-6A for Restructuring & Modernization of Dam and canal of Amkhera, Nandgaon, Bhirata and Matagaon Tank Project.