MANTU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Gorporation and the private Respondent.

(2.) The petitioner, who applied for allotment of transportation contract in the District of Nalanda by the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as the Corporation), pursuant to tender notice dated 14.3.2005 issued under the signature of the Chairman and Managing Director of the Corporation, as contained in Annexure-1 to this application and became unsuccessful as the said contract was awarded to private respondent No. 6 in the meeting dated 3.5.2005 of the Headquarter Transport Committee of the Corporation, which is contained in Annexure-E of to the counter affidavit filed on behalf of the respondent Nos. 2 and 3, came to this Court asserting that the offer made by him in terms of Clause (2) of the tender notice that he shall be transporting the goods of the Corporation at a rate which is 14.81% less than the ceiling rate, fixed for the district has been ignored and the offer of the private respondent who offered to transport the goods at a rate, which is 30.6% higher than the ceiling rate has been accepted.

(3.) Learned counsel appearing in support of his application contended that normally lowest tender should be accepted unless there are some special reasons for not accepting the same. In this connection he pointed out the averments made in paragraph 23 of the writ petition, whereunder it has been categorically asserted that in Purnia and Gaya districts the Corporation has awarded transporting and handling contract to the lowest tenderer at the rate almost at par with the rate offered by the petitioner, but in the district of Nalanda transporting contract is being awarded to the private respondent No. 6 at a rate which is 30.6% higher than the ceiling rate and there is no special reason for granting such higher rate to the private respondent when the petitioner is agreeable to undertake the contract at a rate which 14.81% lesser than the ceiling rate.