A.S. Bopanna, J.

1. The petitioner is before this Court assailing the communication dated 26.12.2014 issued by the Tender Inviting Authority of the first respondent informing the petitioner that their offer is rejected since the past performance is not satisfactory.

2. The first respondent has floated the tender dated 04.03.2014 calling for offers from eligible transport contractors for liaisoning, movement, handling and delivery of raw coal from Mahanadi Coal Fields Limited, Talcher in Odisha to the Raichur Thermal Power station in Karnataka by Rail - Sea - Rail route. The petitioner, second respondent and five other contractors had responded to the said tender notification. The Tender Inviting Authority, after scrutiny has held the tender of the petitioner as 'non-responsive'.

3. At the first instance the rejection was notified in the e-portal. The petitioner claiming to be aggrieved by the same was before this Court in W.P. No. 30912/2014. This Court by the order dated 02.08.2014 found that there was procedural irregularity committed by the first respondent and as such the process was directed to be re-done from the stage at which the defect was pointed out. The first respon