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ARUN DEV CHOUDHURY
Maksud Ahmed Mazumder S/o Late Mohibur Rahman Mazumder – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT :
HON’BLE MR JUSTICE ARUN DEV CHOUDHURY
Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. BJ Ghosh, learned counsel for the petitioner. Also heard Mr. BK Singh, learned standing counsel for the FCI.
2. The brief fact of the case:
The respondent FCI invited e-tender on 01.11.2017 for the construction of Cement Concrete Road proposed to be around 4 numbers of existing Food Storage Godowns at FSD, Ramnagar, Silchar, Cachar with an estimated cost of Rs. 2,26,10,750/-, which is to be completed within a period of 90 days. The petitioner, a Class-1 contractor participated in the NIT. The petitioner submitted his quoted bid value of Rs. 2,38,12,642/-, which was accepted by the respondent FCI through their letter dated 27.02.2018. Thereafter, the respondent FCI requested the petitioner to arrange for Design Mix M-30 from any renowned Government Engineering College and the same was done by the petitioner. Thereafter, NIT, Silchar evaluated the M-30 design mix and submitted the report to FCI on 27.04.2018 but no approval was given to the petitioner and asked the petitioner for fresh M-30 Design mix from NIT Silchar and accordingly the petitioner submitted the sample material
The court established that while state actions in contractual matters must adhere to principles of fairness and reasonableness, arbitrary debarment from future tenders without due process violates co....
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
The main legal point established in the judgment is that in contractual matters, the court may not entertain a writ petition if there is a public law element, and the parties should resort to the con....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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