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Judgment
Mohammad Rafiq, CJ
This writ petition has been filed by Sohan Singh, aggrieved by the fact that even though he was qualified in technical bid alongwith respondent No.4-Digvijay Chauhan, but the work is proposed to be awarded to respondent No.4, who has been found to be L-1.
It is contended that the bid of the petitioner is slightly higher than respondent No.4, but the respondent-HPSEBL cannot treat respondent No.4 as qualified because he neither has the requisite past experience, in terms of Clause A nor fulfills the equipment capability as required under Clause D of the Notice Inviting Tender under the captioned minimum eligibility criteria for prequalification of Techno-Commercial Bids.
Learned counsel for the petitioner submitted that so far the respondent-HPSEBL has not issued letter of acceptance. If that be so, the petitioner is required to approach respondent No.2-Superintending Engineer, Planning Circle (Civil), HPSEB Ltd. Mandi, immediately alongwith a copy of this order, who shall examine the objections of the petitioner and decide the same by a speaking order, preferably before issuance of letter of acceptance to respondent No.4, after affording an opportunity of being heard to respondent No.4.
With the aforesaid observations, the writ petition is disposed of, so also the pending application(s), if any.
Copy dasti.