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2010 Supreme(Pat) 106

AJAY KUMAR TRIPATHI
Yogendra Rai – Appellant
Versus
General Manager, East Central Railway – Respondent


JUDGEMENT

1. The petitioner has challenged and has sought quashing of the award of tender to respondent no. 4 for operating jeep-cum- tempo stand in the railway premises of Shahpur Patori railway station for three years. Notice inviting tender is dated 2.3.2009 and is annexure-1 to the writ application. Notice inviting tenders lays down various conditions and requirements including financial capability of the person participating in the bid. Relevant part of the said notice inviting tender relates to the kind of documents which the tenderer has to provide in relation to his financial capability and other documents like voter identity card, driving license and residence. It is necessary to quote part of the notice inviting tenders since the dispute hinges round the interpretation of that clause :

"1. PACKET- A. (TAKNIKI PARASTAV) : IS PARASTAV MEIN NIVIDA DATA KO MANGE GAYE AAVASYAK DASTAVEZ DIYE JANE HAIN JO NIMNLIKHIT HAIN:-

(1) VITTIYE CHHAMTA PRAMAN PATRA JO SURAKSHIT RASHI KE 40% MULYA KA HO. VITTIYE CHHAMTA BANK SECURITY ATHWA CHAL ACHAL SAMPATTI KA MULYA ATHWA SARKARI SANSTHA DWARA KIYE GAYE KARYA SE SAMBANDHIT VARTAMAN VITTIYE VARSH MEIN KIYA GAYA BHUGTAN ATHWA B.D.O./ C.O./S






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