WAVE INDUSTRIES PVT. LTD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant writ petition has been filed seeking writ of certiorari quashing the order dated 31.12.2008 (Annexure P-8) by which the representation of the petitioner has been rejected. The petitioner has also prayed fo. quashing the selection process of allotment of tender in pursuance to the advertisement dated 1.9.2008 and to re-conduct the tender process by inviting eligible applicants on account of the fact that the process of allotment was vitiated.

(2.) Brief facts of the case are that the petitioner - M/s. Wave Industries Pvt. Ltd., which deals with purchasing manufacturing, producing, importing, exporting and generally dealing with sugar and all bio products of sugar, in response to an advertisement dated 1.9.2008 issued by respondent No. 2 vide which "expression of interest for setting up of Co- Generation Plants in various Sugar Mills of the State of Punjab alongwith improving/upgrading on BOOT basis" were invited, approached respondent No. 2 and procured the detailed terms and conditions for the aforesaid purpose. As per the advertisement, referred to above, the interested parties were to submit their "expression of interest" either for a single unit or for more or all units with the stipulation that the proposed Co-Generation Plant was to be set up/commissioned by the end of October, 2009. As per the advertisement, pre bid conference was to be held on 12.15 PM on 3.10.2008 and thereafter, "expression of interest" were to be received by 16.10.2008 and were to be opened on the same day.

(3.) Prior to pre bid conference, officials of the petitioner - company visited the Financial Adviser of respondent No. 2 and sought clarification as to whether in pursuance to the aforesaid advertisement, only the Co-Generation Plant was to be allotted to the private bidder or Sugar Mill was also to be set up by the bidder insofar as the Bhogpur Cooperative Sugar Mill is concerned, as the petitioner was interest in Bhogpur Cooperative Sugar Mill only. In response to the aforesaid query, the petitioner was informed to attend the pre bid conference for clarification and raising the grievance, if any. However, the petitioners did not attend the pre bid conference on 3.10.2008. After the pre bid conference, a supplementary tender document was issued by the official respondents and a copy of the same was also given to the petitioner. It was averred by the petitioner that according to the aforesaid supplementary document, only the Co-Generation Plant was to be given and not the Sugar Mill, yet the petitioner kept on insisting to the official respondents to clarify the position. The petitioner having failed to receive any clarification, submitted a representation dated 28.11.2008 (Annexure 2-6) to the respondents through sister concern M/s. A.B. Sugar Ltd. for allowing them to set up a Co-Generation Plant alongwith Sugar Mill and to accept its tender. No response was received by the petitioner to the aforesaid representation. Thereafter, the petitioner submitted various representations for the aforesaid purpose.