MOGO NAGI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The facts given rise to filing of the present writ petition briefly recited are these.

(2.) On 26/07/1993, the 3rd respondent issued tender notice, inviting tenderers for the disposal of unserviceable materials from Contractors/Suppliers. The tender along with earnest money was to be received up to 12 noon of 9-8-1993 and would be open on the same day at 1 p.m. in presence of intending tenderers. It was stipulated in the tender notice that as it is a case of disposal, highest quoted rate would be finally accepted. It was further stipulated that the undersigned reserves the right to reject any or all the tenderers without assigning any reasons. The item of materials was shown as G. I. Pipes 50 mm, and the approximate quantity was shown as 4,000 metres, the approximate value was shown as RS. 1 lakh.

(3.) Pursuant to the aforesaid tender notice, the petitioner applied along with requisite Court-fee stamp and the earnest money on 9-8-93. Tender was open on 9-8-93 in presence of the petitioner and others. It may be relevant to mention herein that, altogether 4 (four) tenderers including the petitioner were competing. The petitioner's quoted rate at RS.12.00 per running metre came to be the highest. The rate offered by the petitioner was approved by the Government in its letter dated 31/08/1993 of the 2nd respondent addressed to the 3rd respondent (Annexure-2).