NAYAK INFRASTRUCTURE PVT LTD Vs. STATE

JUDGEMENT

(1.) Challenge in this Letters Patent Appeal is to the order dated 1-6-2013 passed by the learned single Judge in OWP No. 1668/2012, in case, titled as, M/s. Nayak Infrastructure Pvt. Ltd. v. State of J.& K. and others, on the grounds taken in the memo of appeal (for short, impugned judgment). Vide the impugned judgment, the writ petition filed by the appellant came to be dismissed.

(2.) The facts in brief are that the Government under Pradhan Mantri Gram Sadak Yojana (for short, PMGSY) took a decision to construct road from Km. 2nd L025 to Champal, Block Bhallesa, Package No.JK04-151, Phase III, Stage 1st. Accordingly, respondent No. 2, i.e. Chief Engineer, PMGSY, invited e-tenders from the approved and eligible contractors. In response thereto, appellant herein along with others also applied. Appellant's technical bid came to be rejected on the ground that he had given wrong information in the affidavit about the litigation and was held non-responsive. It would be appropriate to reproduce the reasons given while rejecting the technical bid of appellant herein, as recorded at page 170 annexed with the appeal.

(3.) Feeling aggrieved, the writ petitioner filed OWP No. 1668/2012 questioning the rejection of his technical bid on the ground that he was not supposed to mention about the litigation as per the conditions contained at 4.7 (i) & (ii) of Notice Inviting Tenders. It would be appropriate to reproduce the said conditions hereunder.