High CourtsDivision Bench(2021) 01 SHI CK 0218

M/S A.G. Construction Co vs H.P. Housing & Urban Development Authority & Others

High Court Of Himachal Pradesh · Decided on 7 January 2021

HON’BLE JUDGES
L. Narayana Swamy,CJ · Ravi Malimath, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3250 Of 2020

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Judgment

11 paragraphs · 218 words

L. Narayana Swamy, CJ

1.

The petitioner is aggrieved by the action of the respondents declaring respondent No. 3 as L-1, as he has neither uploaded the tender form nor has

fulfilled the terms and conditions of the Tender Notification (Annexure P-2).

2.

At this stage, learned Counsel for respondents No. 1 & 2 submits that the respondents may be permitted to proceed with re-tendering process.

3.

We have heard learned Counsel for the parties and have gone through the entire file carefully.

4.

We are of the opinion that after inviting objections from the petitioner, the respondents should consider the same and in case, a patent error is found

in the tender process, the same should be rectified. If there is a patent error in the tender process and if the same is not removed/rectified, it will not

be appropriate to the respondents to go for re-tendering process. In fact, the respondents must proceed with the earlier tender process.

5.

In view of the above, we deem it appropriate to dispose of this writ petition directing respondents No. 1 & 2 to proceed further with earlier tender

process and to conclude the tender proceedings as per the earlier Tender Notification (Annexure P-2).

6.

The petition is acco0rdingly disposed of, as indicated hereinabove alongwith pending application(s), if any.