BUTT TRANSPORT COMPANY Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved and has sought to quash order No. 837-44/FCS& CA/D/2021-2022 dated 24th of April, 2021, whereby the official respondents have allotted the contract for transportation of food grains/sugar from the feeding stores to the Fair Price Shops and Government sale depots in and around the territorial jurisdiction of Doda in favour of private respondent No. 5. The petitioner, who claims to have participated in the bidding process, also seeks a direction to the official respondents to re-tender the contract so that only eligible and qualified bidders are permitted to participate.

(2.) Briefly stated, the grievance projected by the petitioner in this petition is that he is the proprietor of M/S. Butt Transport Company and has been in the business of running a motor transport service after having obtained a motor transport service license from Transport Commissioner, J and K, Jammu.

(3.) Pursuant to e-tenders invited by respondent No. 4 for award of contract for transportation of food grains to Fair Price Shops and Government sale depots under the jurisdiction of Assistant Director, FCS and CA, Doda, for the years 2021-2022 and 2022-2023, the petitioner submitted his bid documents. As per the e-NIT, the date and time of opening of technical bid (online) was 25th February, 2021 at 11.00 am in the office of Deputy Commissioner, Doda. However, no date or time for opening of financial bid was notified by the respondents. It is submitted by the petitioner that the whole process was conducted by the respondent No. 4 in a clandestine and surreptitious manner and it was only on 16th of April, 2021, the petitioner came to know that the Evaluation Committee constituted by the official respondents had accepted only one out of five bids received and it was only the respondent No. 5 who was declared technically qualified by the official respondents.