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C. R. DASH, ANIRUDDHA ROY
Biswanath Saha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Chitta Ranjan Dash, J.
1. The order passed by the Hon’ble Single Judge on 09.09.2021 in WPA No. 13839 of 2021 is impugned in this appeal by the Writ Petitioner as he has suffered dismissal of his Writ Petition.
2. Facts relevant for disposal of this appeal are as follows:
(ii) However, the bid pursuant to NIT dated 04.06.2021 was cancelled and second notice inviting tender was published on 11.08.2021 in the daily newspaper “Pratidin” for the aforesaid purpose of engaging Carrying-cum-Storing Agent for Burwan block. In response to the aforesaid second NIT dated 1
The cancellation of a bid for any reason cannot be questioned unless there is mala fide on the part of the State or its agencies.
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
The authority's interpretation of tender conditions is paramount, and non-compliance with explicit requirements justifies cancellation of bids.
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.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
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