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Judgment
Manoj Kumar Tiwari, J
Petitioner is a Contractor registered with Border Road Organization in S-Class. He is aggrieved by the order dated 07.12.2021 passed by respondent no .2, whereby he has been declared to be ineligible for participating in the bidding process.
The ground on which petitioner is held ineligible is that his tendering limit as per registration with Border Road Organization is Rs. 15 Crores only; while, the estimated cost of construction is Rs. 25 Crores.
Learned counsel for the petitioner submits that, in the past, petitioner has been awarded contract worth Rs. 32 Crores by State Public Works Department, therefore, he cannot be held to be ineligible now.
Per contra, learned Additional C.S.C. has referred to one document, which is on record as Annexure No. 5 to the writ petition, wherein tendering limit of petitioner has been mentioned as Rs. 15 Crores.
Without entering into the merits of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make representation to Superintending Engineer (respondent no.2), who may take decision thereupon at the earliest.
Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Superintending Engineer (respondent no.2), within 48 hours. If such representation is made within stipulated time, respondent no. 2 shall look into the matter and take appropriate decision thereupon, in accordance with law, within a period of ten days from the date of receipt of representation alongwith certified copy of this order.
Let a certified copy of this order be issued today itself.