CUBE CONSTRUCTION ENGINEERING Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Petitioner responded to item No. 4 of Annexure B i.e. E-NIT No.CEJ/PMGSY/419 of 2016-17 dated 26.11.2016 and Item nos. 2 & 7 to Annexure C i.e. E-NIT No.CEJ/PMGSY/425 of 2016-17 dated 07.01.2017 both floated by the Government of J&K. Item No. 2&7 in respect of E-NIT dated 07.01.2017 in respect of which the petitioner had responded was different than Item No.4 of E-NIT dated 26.11.2016.

(2.) Grievance is that the aforementioned tenders were not processed, instead fresh tender Annexure H i.e. E-NIT No.CEJ/PMGSY/448 of 2017-18 dated 08.05.2017 was floated in respect of Item No.4 of E-NIT dated 26.11.2016 and Item Nos.2&7 of E-NIT dated 07.01.2017.

(3.) It needs noticing here that on abandoning of the earlier two E-NITs dated 26.11.2016 and 07.01.2017, Annexure E i.e. E-NIT No.CEJ/PMGSY/444 of 2017-18 dated 15.04.2017 which pertained to same items as contained in E-NITs dated 26.11.2016 and 07.01.2017 in response to which the petitioner had responded was floated. It is the plea of the petitioner that despite representation dated 21.04.2017 at page No.51 of the paper book having been submitted to respondent No.2, no action was taken thereon, therefore, the petitioner was constrained to institute the writ petition i.e. OWP No.613/2017 in which directions were issued that the tendering process may go on but the contract be not awarded. It is during the pendency of the aforementioned writ petition, fresh tender i.e. Annexure-H dated 08.05.2017 was floated and the same is the subject-matter of challenge in the instant writ petition.