CHARAN CHOUDHARY Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Application has been filed seeking amendment of the writ petition which is not admitted. Objections have been filed by the respondents to the main writ petition. Learned Advocate General appears as senior counsel for Food Corporation of India FCI.

(2.) Factual matrix of the present case is as follows: <FRM>JUDGEMENT_26_LAWS(J&K)2_2017_1.html</FRM>

(3.) It appears that by way of an interim order, restraining FCI from proceeding with the tender. After dismissal of the writ petition on 28.05.2014, a fresh notice inviting the tender was issued on 30.01.2015 on the same terms, two bid system for construction of godowns for FCI storage requirements under PEG-2008 Scheme for a guaranteed lease of ten years on build, own and operate basis for 21670 MT capacity for storage of food grains for various Revenue District of Poonch, Shopian and Reasi. In response to this, petitioner has participated in the tender process and thereafter he has filed present writ petition pleading that this tender is build in response to tender dated 28.12.2011 having declared as lowest he was awarded the contract and therefore, without cancelling the notice inviting tender dated 28.12.2011, the present NIT dated 30.01.2015 is bad. Emphasis is laid on paragraph No. 3 of the counter affidavit filed in OWP No. 525/2012 which has been extracted above.