VINAY CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for the following reliefs

(2.) Learned counsel for the petitioner submits that the entire tender process has been cancelled merely because the financial bids of two of the tenderers in each of Group I and Group II who were technically ineligible were opened. It is stated that the petitioner was L1 in Group II whereas the rates quoted by all the four successful tenderers was equal in Group I and the matter was to be settled through lottery. The entire tender process however, came to be cancelled by the impugned letters both dated 28.11.2017 (Annexure-P/5 series) by the Chief Engineer, Bihar Urban Development Agency, Urban Development and Housing Department, (respondent no. 2) , which is arbitrary.

(3.) Learned counsel for the respondents have resisted the writ petition, submitting that when the irregularity was detected and it was found that opening of the financial bid was not in accordance with the terms of NIT, the tender process was cancelled and fresh tender issued in which the respondent no. 8 participated and was declared L-1.