HASSAN ROAD CONSTRUCTION LTD. Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner has called in question Order No. C-85014/CEAFU-16/324/E8 dated 12thMarch, 2012 passed by respondent No. 2. A relief of mandamus to issue the tender documents for the work CA No. CEAFU-16/2011-12 (Resurfacing of Runway at Awantipur Airport) to the petitioner and also to allot work, to it, if found successful tenderer on the grounds taken in the writ petition.

(2.) Precisely put, edifice of the case is being tried to be built on the documents annexed with the writ petition, particularly Annexure C. It is pleaded that respon dents had raised some objections firstly about petitioner's eligibility to execute the work of similar nature, but had thereafter, granted relaxation. And the work in question being similar deserves to be dealt with by the respondents while having regard to Annexure C, and issued the tender in favour of the petitioner.

(3.) Respondents have filed the reply and resisted the same on the ground that petitioner is not eligible in view of the eligibility clause contained in tender notice as provided by CVC guidelines contained in Para 3.5.5.1 and 3.5.5.2 at Page 7 of the Manuals of the Contract, 2007. It is apt to reproduce Para 2 to 4 herein:-