(1.) By way of instant petition, the petitioner has prayed for following substantive reliefs:-
(2.) The case of the petitioner is that respondent No.3 had issued notice inviting tender (for short "NIT') on 31/7/2021 for the work namely, "Construction of link road to village Jasrath Km 0/0 to 2/0 including 85.00 mtr. span steel truss bridge over Chandra Bhaga river including approaches at RD 1/740 (SH:-Retaining Wall, Breast Wall, Cross Drainage, M/T and Const. of Sub Structure, Super Structure including both side approaches) under NABARD RIDF-XXVI)" with estimated cost of Rs.10,63,19,913.00. As per petitioner, after completion of tendering evaluation process, the summary of evaluation of financial bid was uploaded by the official respondents on 18/8/2021. The tendering process was cancelled vide corrigendum dtd. 29/7/2021 citing technical/administrative reasons. It has been alleged that the corrigendum cancelling the tender process was issued in back date due to malafide reasons.
(3.) Further case of the petitioner is that the official respondents re-invited bids for the same work vide publication dtd. 26/8/2021. The financial evaluation of the bid was done on 15/9/2021. The petitioner remained L-2 and respondent No.4 was declared L-1. Challenge has been made to declaration of respondent No.4 as L-1 on the ground that the bid submitted by private respondent was beyond the limit of (+) 5% to (-) 10% which was the requirement of the CPWD Works Manual made applicable to the official respondents vide correspondence dtd. 22/7/2020 (Annexure P-5).