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2023 Supreme(Chh) 135

RAMESH SINHA, SANJAY K. AGRAWAL
Kaushik Build Con, through the partner Dharmendra Kumar Kaushik – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Prateek Sharma, Advocate.
For the Respondents:Mr. H.S. Ahluwalia, Mr. D.N. Prajapati, Advocate.

ORDER :

Sanjay K. Agrawal, J.

1. The petitioner has filed this writ petition calling in question the impugned orders Annexures P-3 & P-4 by which the petitioner’s technical bid was not opened holding that he is not having the requisite technical experience of work for tender Nos.70662 Saja & 70660 Kurud. The petitioner has further questioned the order Annexure P-16 by which the NIT dated 18-1-2021 has been cancelled by the respondent University.

2. It is the case of the petitioner that though the petitioner made representation for opening of its technical bid for the work in question, but it was not considered and the technical bid was not opened nor informed and the tender in question has been arbitrarily cancelled by order dated 27-7-2021. It is the further case of the petitioner that experience of one another firm M/s. Kaushik Enterprises in which Dharmendra Kumar Kaushik & Rajiv Lochan Tiwari, both, are also partners, has also to be taken into account and therefore the petitioner has claimed that while counting technical experience, the experience of firm M/s. Kaushik Enterprises be also reckoned which has not been done and the issue is covered by the decision of the Supreme Court

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