LAWS(JHAR)-2010-1-298

AJIJ KHAN Vs. STATE OF JHARKHAND

Decided On January 21, 2010
AJIJ KHAN Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Mr. V. P. Singh, learned senior counsel, appearing for the petitioners, submitted that petitioners have challenged Notice Inviting Tender (NIT) No. 02 of 2009-10 published in the newspaper on 28.8.2009 (Annexure-2) with regard to item 2 Suali Reservoir Scheme (Dumri Block, District Gumla). He further submitted that petitioners being small contractors are not in a position to take part in the said tender as the same involves huge resources and amount. He further submitted that the tender has been issued without proper survey and acquisition of land. He further submitted that such work does not require any expertise and therefore it should have been divided in small contract, so that the local contractors like the petitioners could take part in the tender.

(2.) On the other hand, Mr. Bhaduri, appearing for the State, submitted that it is for the Government to decide in what manner a tender notice is to be issued and work is to be completed. He disputed the statements made on behalf of the petitioner that no survey was done. He further submitted that the land acquisition proceeding is in process simultaneously.

(3.) In reply, Mr. Singh submitted that survey was made in the year 1978; and that the proposal for acquisition of land has been returned on the ground of non-allotment of fund.