RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RULE DB.

(2.) SINCE a common issue is involved in all the three writ petitions, these are being disposed of by this common judgment.

(3.) THE background facts, giving rise to the present writ petitions, in brief, are as under : Some time in March, 2005, Haryana Warehousing Corporation, District Office, Panipat, respondent No. 4 herein, issued Notice Inviting Tender (for short, 'the NIT') inviting tenders from enlisted and non-enlisted labour and cartage contractors for the labour and cartage work except handling of foodgrain stocks in the godowns under FCI guarantee scheme, falling in District Panipat, for the year 2005-2006 in respect of its various mandis. The last date for submission of the tenders was 17.3.2005 and the tenders were to be opened on the same day under the chairmanship of respondent No. 3, in the presence of the tenderers. Pursuant to the said NIT, the petitioners submitted their tenders for Madlauda Mandi (petitioner in C.W.P. No. 5671 of 2005), Samalkha Mandi (petitioner in C.W.P. 11955 of 2005) and Bapoli Mandi (petitioner in C.W.P. No. 12455 of 2005) along with requisite earnest money deposit. According to the petitioners, the tenders were opened and finalised on 22.3.2005 in the presence of all the tenders. Since the rates quoted by the petitioners were the lowest, their tenders were accepted and finalised after negotiations, in terms of the instructions issued by the State of Haryana, on 21.3.2005. The stand of the petitioners is that since their tenders had been accepted, they approached the office of the District and Food Supplies Controller for execution of formal agreement, but were put off on one pretext or the other, on the plea that file was pending with respondent No. 3. The petitioners claim to have submitted their joining report on 1.4.2005. However, they were informed that contracts had been awarded to the successful bidder. Aggrieved by the said action on the part of the official respondents, the present petitions have been filed, wherein it is pleaded that the award of contracts to the said respondent is absolutely illegal, arbitrary and violative of the instructions issued by the Haryana Government.