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PRASANNA B. VARALE, KRISHNA S DIXIT
Karnataka Power Corporation Limited – Appellant
Versus
Kanchan India Limited – Respondent
JUDGMENT :
Prasanna B. Varale, J.
Appellant admittedly being an entity under Article 12 of the Constitution of India is invoking the appellate jurisdiction of the Writ Court for assailing a learned Single Judge’s order dated 16.3.2023 whereby, W.P.No.3813/2023 (GM-TEN) filed by respondents herein undertaking a fresh tender vide Notifications dated 4.12.2022 & 7.2.2023 having been set at naught, a Writ of Mandamus has been issued to the appellant-Corporation “to take the tender submitted by the consortium/petitioners to its logical conclusion within four weeks from the date of receipt of the copy of this order“.
2. Learned counsel appearing for the appellant seeks to falter the impugned order vociferously arguing that: the learned Single Judge has exceeded his jurisdiction; a tender floating entity as of necessity has the power to rescind floated tenders; rescinding decisions being administrative in character, need not be speaking orders in the traditional sense; in any event, reasons for rescinding can be ascertained from the File and thus, need not be contained in the decision itself; no case was made out by the Writ Petitioners who happen to be respondents herein, of the factual or
Point of Law- Court in all the aforesaid decisions has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or comme....
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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