SANDEEP KUMAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the letter contained in Memo No. 1949 dated 7.9.2009 (Annexure 7) issued under the signature of the Chief Engineer (respondent no. 4), whereby the tender work of Package No. JH 2302 pertaining to NIT No. 7/2008-09 has been awarded to respondent no.8.

(2.) It is submitted that the petitioner and respondent no. 8, having offered equal bid, the petitioner being local contractor of Khunti, the work should have been allotted to him.

(3.) On the other hand,counsel for the State submitted that in the registration certificate of the petitioner and respondent no. 8, the district was mentioned as the then "Ranchi" were treated to be of Ranchi district and, in view of the guidelines, it was decided to award the work to respondent no. 8 keeping in view that he is senior to the petitioner. Further the bid of respondent no. 8 was calculated as per the rules (after deducting the existing commitments) and found to be Rs. 24.44. crores which was much more than value of construction of cost of Rs. 2.228 crores. It was lastly submitted that petitioner could get his registration certificate amended by changing the district from 'Ranchi' to newly created 'Khunti'.