VIJETA PROJECTS AND INFRASTRUCTURES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The tender which was issued in the year 2008 has not been finalized even today. In the meantime, the State Government has decided not to pursue the matter any further in relation to tender, issued earlier and has sought to re-advertise the tender.

(3.) The Appellant is aggrieved of this. The Appellant's argument is that the recommendation which was placed before the Adviser to the Governor was not to the effect that there should be re-tender and in that view of the matter, this order of the Adviser to the Governor cannot be considered to be a reasoned order and it is, thus, an arbitrary order and such arbitrary orders are not in accordance with law as has been laid down by the Supreme Court in the case of Union of India and Ors. v. Dinesh Engineering Corporation and Anr., 2001 8 SCC 491.