JUDGMENT

Subramonium Prasad, J.

CM APPL. 52962/2022 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 16768/2022 & CM APPL. 52960/2022

1. The instant Writ Petition has been filed by the Petitioner herein seeking quashing of tender dated 24.11.2022 issued by the National Highways Authority of India (NHAI) inviting tenders for engagement of user fee agency through e-tender, being E-Quotation No. NHAI/13013/547/CO/22-23/EQ/Bideibadkudar Toll Plaza.

2. Facts of the case reveal that the NHAI had floated a tender dated 25.07.2022 for engagement of user fee collection agency at Bideibadkudar Toll Plaza at Orissa. It is stated that the Petitioner herein had quoted Rs.16,42,500/- towards daily remittances in the said tender and was declared as the H-1 bidder. It is stated that a Letter of Acceptance (hereinafter referred to as `the LOA') dated 26.08.2022 was issued to the Petitioner and the Petitioner was engaged for a period of three months i.e., from 27.08.2022 to 27.11.2022, by the NHAI to collect user fee at the said Toll Plaza.

3. It is stated that before expiry of three months, the Respondent/NHAI floated another tender dated 19.10.2022 for the same toll plaza invitin