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SANJAY KUMAR MEDHI
Karnataka Agro Chemicals – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
1. Both the writ petitions being analogous and pertaining to the same subject have been heard together and are being disposed of by this common judgment and order. The petitioners in these two cases have challenged the action of the respondent authorities in cancelling a tender process. Such tender process was for supply of fertilizers. The petitioners, amongst various grounds have submitted that such action is arbitrary and unreasonable and also in violation of the statutes holding the field.
2. Before going to the issue which has arisen for adjudication, the facts pleaded by the parties may be narrated in brief.
3. The Directorate of Agriculture had issued a tender notice dated 19.09.2022, inviting bids from eligible bidders for supply of various natures of fertilizers for the year 2022-2023. The petitioners being interested with the aforesaid tender process had participated in the said process. It has been specifically pleaded that the bid documents were released on 20.09.2022, which was followed by a pre-bid meeting held on 26.09.2022 and the last date of submission of bids was 14.10.2022. The authorities had thereafter issued a corrigendum dated 2
The cancellation of a tender process before technical evaluation does not confer vested rights to bidders, and adherence to procurement laws is mandatory in future processes.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
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