RADIANT ENGINEERING COMPANY, ASSAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India laying challenge to a decision taken by the respondent Mariani Municipal Board authorities to cancel a tender process initiated by a Short Notice Inviting Quotation [SNIQ] dtd. 4/2/2022 and the consequent decision of the respondent Mariani Municipal Board ['the Municipal Board', for short] authorities to initiate a fresh tender process for the same work by issuance of a Re-Notice dtd. 28/3/2022. The petitioner has sought for setting aside of the subsequent tender process initiated by the Re-Notice dtd. 28/3/2022 with a further direction to bring the tender process initiated by the SNIQ dtd. 4/2/2022, where it had participated, to its logical conclusion.

(2.) By the SNIQ dtd. 4/2/2022, the respondent no. 4 invited sealed quotations for supply of the following items :-

(3.) In response to the said SNIQ dtd. 4/2/2022, the petitioner participated in the tender process along with 5 [five] other bidders. The tendering authority through a Construction Committee ['the Committee', for short] constituted for the purpose, opened the bids on 8/2/2022 for evaluation in presence of the bidders. According to the petitioner, the petitioner's bid was found responsive after evaluation of the bids of the 6 [six] participant bidders. When the petitioner was waiting with the expectation that it would be awarded with the supply and installation contract, the respondent Municipal Board authorities have issued a Re-Notice dtd. 28/3/2022 for supply of the following items :-