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2022 Supreme(Raj) 1051

MAHENDRA KUMAR GOYAL
Devendra Construction Co. – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
K.K. Sharma, Sr. Advocate assisted by Siddharth Bapna, Advocates, for the Appellant
M.S. Singhvi, AG assisted by Sheetanshu Sharma and Pranav Bhansali, Advocates, for the Respondents

Judgement Key Points

Key Points: - The writ petition was dismissed on grounds of suppressio veri and suggestio falsi due to non-disclosure of NIT condition for additional performance security (!) (!) (!) . - The petitioner contested the validity of orders under RTPP Act, specifically regarding the demand of additional performance security and related bid documents (!) (!) . - Discussion includes statutory provisions (RTPP Act 2012, Rules 2013, Rule 75A) and the legality of imposing additional performance security post-NIT, including pre- and post- Rule 75A contexts (!) (!) (!) (!) . - The court references precedent on clean hands and disclosure obligations in writ petitions (Ramjas Foundation; Bhaskar Laxman Jadhav) to sustain dismissal for concealment and misrepresentation (!) (!) (!) . - The order 7.12.2021 canceling tender process and debarment from re-tender is reviewed in light of the challenged NIT conditions (!) (!) . - The court notes that the petitioner was not only silent about NIT clause 30 and Circular 27.2.2019 but also failed to disclose related undertakings/declarations in the bid, affecting merits of the petition (!) (!) . - The AG argued that additional performance security is now mandatory post-Rule 75A (2020) and that the writ petition is not maintainable due to concealment and estoppel; the court ultimately dismisses the petition (!) (!) (!) . - The judgment emphasizes that tender conditions within bidding documents can be supplemented by procuring entities if within statutory framework, but misrepresentation/disclosure issues bar relief (!) (!) (!) .

What is the legality and validity of the demand for additional performance security under RTPP Act, 2012?

What are the consequences of suppressio veri and suggestio falsi in writ petitions challenging bidding conditions?


JUDGMENT

Mahendra Kumar Goyal, J. - The petitioner, a 'AA' class contractor, has filed this writ petition assailing the validity and legality of the order dated 1.11.2021 passed by the second appellate authority as well as the order dated 23.9.2021 passed by the first appellate authority under Rajasthan Transparency in Public Procurement Act, 2012 (for brevity-'the RTPP Act'), for quashing and setting aside the order dated 7.12.2021 passed by the respondent no. 2 as also the demand of additional performance security.

2. The facts in brief are that the petitioner submitted its bid in pursuance of the NIT no. 1/2020-21 issued by the respondent no. 2 for the work of "Retrofitting Works including Construction of Local Sources for conjunctive use, new CWR & OHSRs, connecting these OHSRs with existing Rising Mains, Pipeline from OHSRs to VTCs, Pipeline network inside the village, providing Functional Household Tap Connections (FHTC) including Geo tagging and O & M work (upto VTC) to be carried out under Jal Jeevan Mission (JJM) for Bisalpur-Tonk-Niwai Water Supply Project (Package-I)". On standing lowest bidder, work order dated 4.8.2021 was issued in its favour wherein, a demand of additi

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