SH. R. ROKUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. F. Lalengliana, learned counsel appearing for the petitioner and Ms. Melody L. Pachuau, learned Govt. Advocate appearing for the State respondent Nos. 1 to 5.

(2.) ON 06.11.2015, the Public Works Department (PWD) of the State issued an Noticed Inviting Tender under No.1/SE(WC)/2015 -2016 for construction of approach road to NIT at Lengpui for formation cutting and permanent work. Superseding the same, the respondents in the Public Works Department issued Re -Tender Notice No.1/SE(WC)/2015 -2016 on 06.11.2015 and in pursuance of the same the petitioner offered his bids for Group 2 (formation cutting of 0.180 -0.390 Kmp for an amount of Rs.16.78 lakhs) and Group 3 (formation cutting of 0.390 -780.00 Kmp for an amount of Rs.14.46 lakhs). The Tender Committee of the respondents found the petitioner to be the lowest bidder for both the Groups 2 and 3 for the purpose of said contract work. As the petitioner was asked by the authorities in the PWD, he submitted the justification statements of his estimated rates for the said works.

(3.) HOWEVER , the authorities of the PWD vide Notification under Memo No. B -18013/28/2014/SE(WC)/28 dated 29.01.2016 cancelled the Re -Tender Notice No.1/SE (WC)/ 2015 -2016 dated 06.11.2015 due to Technical reasons and issued Notice Re -Inviting Tender No.1/SE(WC)/2015 -2016 dated 29.01.2016 in sealed item rate for the same work as per the earlier Tender Notice dated 06.11.2015, though the petitioner was found to be the lowest bidder for both the Groups 2 and 3 of said contract work.