SATISH VIJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Respondents No. 1 to 4 floated tenders for the construction of link road from "Khatnol to Dandibag from Kms 0/00 to 6/150 (SH:- formation cutting 5/7 mts wide road Kms 0/00 to 6/150 C.D. work, Kharanja Stone soling, PCC parapets, Kacha Road side drain Km. stone & dumping site) under NABARD RIDF XXVI District Shimla, Himachal Pradesh.

(2.) Being aggrieved and dissatisfied with the afore decision of the respondents, petitioner filed CWP No. 4411 of 2021, however, co-ordinate Bench of this Court, having taken note of the fact that respondents before accepting the tender of any of the bidder decided to recall the tender, dismissed the petition holding that there is no right for the petitioner to challenge the same.

(3.) Respondents invited fresh tenders qua the work detailed herein above. Petitioner alongwith other eligible candidates participated in the second tendering process, however Bid Evaluation Committee after having evaluated the documents submitted by various bidders including the petitioner found respondent No.5 to be lowest bidder. As per the Financial Evaluation Bid, petitioner who was shown as L-2 made a bid for a value of Rs.3,89,77,295.60, which is at (-) 34% of the tendered amount, whereas respondent No.5 made a bid to the tune of Rs.3,74,39,933.60 i.e. 36% lower than the tendered amount of Rs.5,87,17,104.00 (Annexure P-7).