SHYAM LAL Vs. HIMUDA AND ANR

JUDGEMENT

(1.) The petitioner has sought a writ of mandamus directing the respondents to consider his bid for the work in question, i.e. Name of work: Govt. Degree College at Haripur, District Kullu, HP (SH:- C/o Boundary Wall and Main gate around the complex) E/Cost: Rs.15,75,414/- E/Money 31, 135. Time Six months and Cost of Form: Rs.1,000/-, as detailed in at serial No.3 of the notice inviting tender (Annexure P-2) on merits after allowing him to submit the same.

(2.) Respondent No.2 invited sealed item rate tenders from the approved contractors enlisted with HIMUDA/HPPWD in appropriate class for various works detailed in the said notice and the last date of issuance of tender document was 10.9.2015, whereas last date for submission of a bid was 14.9.2015. Petitioner intended to submit his tender for the works detailed above, but was denied the same without assigning any reasons for which he lodged protest in writing on 10.9.2015 itself. On further inquiry, petitioner came to know that he had been denied the tender documents in view of work already allotted in his favour having not been completed within the stipulated period by invoking condition No. 1 (c) of the tender form which reads thus:

(3.) The petitioner claims that such action on the part of the respondents was totally illegal and uncalled for as the earlier works allotted to him pertaining to construction of Panchayat Bhawan at Manali and thereafter construction work of Ayurvedic Hospital at Katrian, District Kullu could not be completed within the stipulated time solely on account of acts attributable to the respondents and for reasons beyond his control as there was heavy snowfall.