D. Biswas, J.

1. The Food Corporation of India issued a tender notice on 14.12.2001 (Annexure-C) inviting sealed tenders from the experienced and financially sound parties for appointment as transport contractors for a period of two years from Haibargaon Railway Siding/Station to FCI godowns at Nagaon. The Petitioner submitted his tender documents along with other tenderers in pursuance of the aforesaid tender notice. M/s. Deep Enterprise quoted the lowest rate while the writ Petitioner quoted the second lowest rate. The former quoted 268% above the scheduled rate while the writ Petitioner quoted 534% above the scheduled rate. Another participant Sri Amarjit Singh quoted 876% above the scheduled rate.

2. Petitioner's case is that the tender documents submitted by M/s. Deep Enterprise were incomplete and defective and, as such, the writ Petitioner being the second lowest valid tenderer should have been considered by the Respondent authority for appointment as transport contractor, if necessary by initiating negotiation. Instead of doing that, the Respondent authority issued a fresh tender notice dated 11.3.2002 wherein two other transportation centres have been included. Petit