RAJAT THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners participated in a tender process under certain stipulated eligibility terms and conditions and remained unsuccessful. In fact, no bidder could qualify the tender process, hence, the respondents re-advertised the tender. Petitioners' challenge is to the terms and conditions of the tender document and have prayed for issuance of writ of mandamus to the respondents to advertise the tender on the conditions on which the respondents have issued another tender in another division.

(2.) Facts:-

(3.) The case of the petitioners is that the respondents have issued another tender for four roads in 8th Circle, HPPWD Hamirpur Division for regular PMGSY (CTB Technology). The conditions incorporated therein are different from the ones incorporated in the tender for the road work in question, i.e. in Nurpur Division. According to the petitioners, for similar work, two different set of conditions could not have been prescribed. Petitioners label this act of the respondents in prescribing different conditions for the aforesaid two works in different divisions as arbitrary and mala fide. Hence, this writ petition has been filed for quashing the fresh tender notice dtd. 18/3/2024 with further direction to the respondents to have same conditions in the State of Himachal Pradesh for same/identical work.