ORDER

The petitioner in this writ petition seeks following reliefs:—

(i) In the nature of certiorari to quash Letter No.283, dated 28.08.2020, by which the respondents, South Bihar Power Distribution Company Limited has declared the petitioner to be L3 despite making a bid of the lowest amount and earlier being declared as L1 (Annexure-1).

(ii) In the nature of mandamus directing the respondent, South Bihar Power Distribution Company Limited to award the work as mentioned in NIT No.16/PR/SBPDCL/2020 to the petitioner.

(iii) During pendency of this application, stay the operation of Letter No.283, dated 28.08.2020 and NIT No.16/PR/SBPDCL/2020, issued by the South Bihar Power Distribution Company Limited.

(iv) For any other relief which the petitioner is entitled in the facts and circumstances of the case.

The petitioner by filing I.A. No.1 of 2020 seeks further reliefs:

(v) To set aside the Board Resolution dated 02.09.2020 made by the board of the South Bihar Power Distribution Company Limited by which the work of construction of four number 2X10 MVA, 33/11 KV GIS PSS with associated 33 KV & 11 KV lines and all associated works in PESU area of Patna District against tender being 16/PR/SBPDCL/2020 has been allotted to M/s Zeniya Electech Private Limited, Bhiwadi in joint venture with M/s MMJ Construction, Ghaziabad, respondent no.6.

(vi) To set aside the offer letter bearing No. SB/PLG/GIS PSS/03/2016, dated 07.09.2020, issued by the respondent, South Bihar Power Distribution Company Limited by which letter of award has been issued to M/s Zeniya Electech Private Limited, Bhiwadi in joint venture with M/s MMJ Construction, Ghaziabad.

(vii) For direction to set aside the contract entered into by the respondent, South Bihar Power Distribution Company Limited and M/s Zeniya Electech Private Limited, Bhiwadi in joint venture with

M/s MMJ Construction, Ghaziabad for execution of the subject work.

2. The brief facts sans unnecessary details but relevant for disposal of this case is that South Bihar Power Distribution Company Limited issued a notice inviting tender being 16/PR/SBPDCL/2020 by which tender was sought from intending bidders for turnkey contract for construction of four number 2X10 MVA, 33/11 KV GIS PSS with associated 33 KV & 11 KV lines and all associated works in PESU area of Patna District (Annexure-2). The tender was to be held by two bid system, which was techno-commercial and financial. 20 persons including the petitioner and the respondent no.6 participated in the tender bid. 19 persons were found technically qualified and thereafter the price bid was opened. Estimated cost of the work was Rs.30,62,00,000/-. The opening of price bid on the basis of quoted amount with GST and loss is done and a list was prepared showing that the petitioner Dhanlaxmi Electrical Pvt. Ltd., Navi Mumbai is L1 but the work was not allotted to the petitioner. When the petitioner enquired about completion of formalities to be followed after declaration of the petitioner as L1, the petitioner, as claimed, came to know that the authorities in order to favour some entity were trying to find some lacuna or irregularity in the bidding of the petitioner and efforts were made to disqualify the petitioner on one pretext or the other. The petitioner wrote a letter on 21st of August, 2020 that the petitioner learnt that South Bihar Power Distribution Company Limited was trying to make an issue that the petitioner has not mentioned in the price bids the capitalized loss and, as such, the petitioner intentionally kept the financial bid low. The petitioner undertakes by writing letter that he would complete the entire work as per technical specification in the same rate, which was quoted in the bid (Annexure-4), but the respondent, South Bihar Power Distribution Company Limited by letter dated 28th of August, 2020 declared the petitioner as L3 and held that the petitioner would not be considered for award of work.

3. Mr. P.K. Shahi, the learned Senior Counsel for