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MANISH CHOUDHURY
Radiant Engineering Company, Assam – Appellant
Versus
State Of Assam, Rep. By The Principal Secy. – Respondent
JUDGMENT :
1. The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India laying challenge to a decision taken by the respondent Mariani Municipal Board authorities to cancel a tender process initiated by a Short Notice Inviting Quotation [SNIQ] dated 04.02.2022 and the consequent decision of the respondent Mariani Municipal Board [‘the Municipal Board’, for short] authorities to initiate a fresh tender process for the same work by issuance of a Re-Notice dated 28.03.2022. The petitioner has sought for setting aside of the subsequent tender process initiated by the Re-Notice dated 28.03.2022 with a further direction to bring the tender process initiated by the SNIQ dated 04.02.2022, where it had participated, to its logical conclusion.
2. By the SNIQ dated 04.02.2022, the respondent no. 4 invited sealed quotations for supply of the following items :-
| Sl No. | Particulars of supply items | Quantity |
| 1. | Supply of solid waste segregation Machine consisting of Feed hopper and lump breaker, Trommel feed conveyor, Trommel, Trommel |
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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