CHOTANAGPUR AGRO AGENCIES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 18:12.2002 passed by the learned Single Judge in WP (C) No. 5981/2002 whereby the learned single Judge refused to interfere with the decision of the respondents withdrawing/ canceling the tender and dismissed the writ petition.

(2.) THE petitioner -appellant, M/s -Chotanagpur Agro Agencies filed the aforementioned writ petition being WPC 5981/ 2002 for issuance of writ in the nature of certiorari for quashing the notice dated 14.8.2002 published in the daily newspaper, namely, Prabhat Khabar whereby the concerned respondent cancelled the tender published in the newspaper dated 2.5.2002 and the corrigendum published on 19.5.2002 in respect of the tender inviting supply of tractors with which was opened on 23.5.2002 and further for quashing the letter dated 14.9.2002 issued by the concerned respondent whereby the petitioner was directed to refund the amount paid to it for the supply of tractors.

(3.) CONSIDERING the Rate and Price, Warranty, install base, products support, service, recognition from popular institutions, training facilities, service support, infrastructure, insurance policy, provision of annual maintenance contract, the tender of the appellant, M/s Chotanagpur Agro Agency was accepted and supply order for 68 numbers of tractors was issued. As per the terms and conditions, a sum of Rs. 2,14,05,720/ - was paid to the said appellant by Demand Draft dated 30.5.2002. These tractors were meant for being handed over to members of Scheduled Caste. Further order for supply of 65 numbers of tractors and trailers was placed with the said M/s Chotanagpur Agro Agencies and a sum of Rs. 2,04,61,350/ - was paid by Demand Draft. Further sum of Rs. 1,74,12,850/ -and Rs. 30,48,500/ - was paid by two cheques. After receipt of the amount the appellant M/s Chotanagpur Agro Agency informed the respondents through their letter that tractors and trailers are ready for delivery and requested the respondents to kindly arrange to take the delivery of the tractors.