RISHI DUTT Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The order of respondent No.5 issued vide No. APMCN/Gate-Entry/2018-19/1673-75 dated 28.03.2009 whereby the offer extended to the petitioner for Gate Entry Fee Collection Contract of Fruit and Vegetable Market Narwal, Jammu for the year 2019-20 has been cancelled and the earnest money deposit of the petitioner to the tune of Rs.5,00,000.00 has been forfeited, is subject matter of challenge in this petition. The petitioner has also challenged the consequent allotment of the contract made in favour of respondent No.6 vide Order No. AN/Gate-Entry/2018-19/1690-92 dated 30.03.2019.

(2.) The factual matrix relevant for understanding the controversy in this petition in proper perspective may be desirable. The respondent No.3, through a Notice Inviting Tender issued under the signature of respondent No.4 bearing No. NIT No.66 of 2018-19 dated 26.02.2019 invited tenders for and on behalf of the Governor of J&K State through e-tendering mode from the interested parties/firms/persons for awarding the contract of Gate Entry Fee Collection at Gate Plaza of Fruit and Vegetable Market, Narwal, Jammu for the year 2019-20. Rupees two crores plus GST as applicable in the J&K State was the minimum reserve bid fixed by the respondent No.3. Apart from the other terms and conditions of the NIT, following were some of the terms and conditions, which in the context of controversy raised in this petition, are of significance:-

(3.) The petitioner along with the respondent No.6 and few others responded to the NIT. As per the schedule indicated in the NIT, the final date of receipt of the tenders was 11.03.2019 upto to 1630 hours and date of opening of the tenders was fixed on 12.03.2019 at 1400 hours. Accordingly, the technical bids were opened on 12.03.2019 and on the next date, i.e., on 13.03.2019, the financial bids were also opened. As claimed by the respondents, there were four bids/tenders uploaded on the website of the respondents. The petitioner was, however, found to be the first highest bidder, who had offered an amount of Rs.2,19,01,100.00 only.