TUMMAR BAGRA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. Son, learned counsel for the petitioners, Mr. A. Apang, learned State counsel and Mr. P. K. Tiwari, learned counsel for the respondent No. 7.

(2.) In the instant writ petition the petitioners have challenged the legality and validity of an order awarding the carriage contract for carrying PDS items to the private respondent by the Deputy Commissioner, Along, vide order No. WS/SUP-4212/99/Pt-I, dated 10.3.2005. Challenge is also made to the decision of the respondent authorities enhancing the accepted rate of carriage charge @ Re. 0.10 per quintal per K.M. to Rs. 3.00 per quintal per K.M., for the carriage contract awarded to the private respondent, during the subsistence of the contract period.

(3.) On the basis of a tender notice issued by the Deputy Commissioner, Along, for awarding carriage contract to carry PDS items in the West Siang District, the petitioners as well as the private respondent along with others submitted their respective tenders by quoting their respective rates. The concerned authority after preparing the comparative statement of rates quoted by different tenderers, selected the private respondent and accordingly, vide the impugned order dated 10.3.2005 allotted the contract for carriage of the PDS items in his favour. An agreement was also executed between the parties incorporating the necessary terms and conditions. It may be stated herein that the aforesaid tender notice was issued by the Deputy Commissioner, Along, vide memo No. WS/SUP-4212/99-2000, dated 20.5.2004 and the period of the contract was for 2004-2005, i.e., upto 31.3.2005. At the time of submitting the tender, all the tenderers including the private respondent executed an undertaking to the effect that it will keep the offered rate open valid upto 31.3.2005 or upto the period of contract whichever is later, carry out the carriage works at the accepted rates and shall not under any circumstances request for enhancement of rates during the validity period of contract.