AGGARWAL CONSTRUCTION CO. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CM-18473-2019 With the consent of learned counsel for the parties, the main case is pre-poned for today and heard finally. The application stands disposed of.

(2.) CWP-27887-2019 This petition has been filed by the petitioner praying for quashing the Notice Inviting Tender dated 13.09.2019 by which fresh bids have been called for execution of work relating to restoration of the road cut due to providing and laying of underground sewerage line on Jalandhar-Nakodar-Shahkot-Moga road kms 22.095 to kms 25.340.

(3.) Learned counsel for the petitioner submits that in the instant case the authorities had initially issued a Notice Inviting Tender for the same work on 20.06.2019. It is stated that four tenderers were shortlisted and the bids of the tenderers were evaluated on 29.07.2019 in which all the tenderers were found to be technically responsive and thereafter the financial bids were opened on 01.08.2019. Learned counsel for the petitioner submits that the petitioner was the lowest bidder and was categorized as L-1. It is submitted that the authorities instead of awarding the contract to the petitioner sent a letter to it for justifying the rates mentioned by it, whereupon the petitioner submitted its justification for the rates on 07.08.2019. It is stated that the Executive Engineer, Central Works Division, PWD (B&R) Branch, Jalandhar agreed with the justification given by the petitioner on account of the fact that the petitioner was required to take up the work of earth excavation upto 4 meter depth and recommended that the rates tendered by the petitioner be approved and the contract be awarded to the petitioner. It is submitted that the authorities instead of doing so again asked the petitioner to justify the rates, whereupon the petitioner again submitted its justification on 30.08.2019. It is submitted that thereafter the authorities by treating the rates tendered by the petitioner to be on the higher side have gone in for fresh tender proceedings by issuing the impugned Notice Inviting Tender dated 13.09.2019 being aggrieved by which the petitioner has filed the present petition.