U & M ENTERPRISES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred for quashing entire tender process in connection with tender no. RDD/SD/DEOGHAR/33/2015 -16 issued for Construction of Bridge over Ajay River between Asanvani and Panduwa Ghat at Sarath Block Deoghar and prayer has also been made that during pendency of present writ application the entire process with finalization of tender process and issuance of work order be kept abeyance.

(2.) Initially issue of locus has been taken. Counsel for the petitioner has submitted that he had already uploaded the tender bid on 22.4.2016 and the technical bid was to be opened on 26.4.2016. So in that view he was very much eligible in the process of tender and the results that would follow on the bid. Thereafter, he was blacklisted on 10.5.2016 without providing any opportunity of hearing.

(3.) Learned counsel for the State has said that shifting of date technical bids are sometimes done and even if he had qualified on 26.4.2016 he could still be blacklisted later on. He has further said that the prayer that has been made is in the nature of public interest litigation and it is only to stop some one else from benefiting from the tender process.