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2022 Supreme(Raj) 1966

MAHENDRA KUMAR GOYAL
GA Infra Private Limited – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
S.N. Kumawat, Bhrigu Sharma and Naval Kishore Saini, Advocates, for the Appellant
Anil Mehta, Sr. Advocate, AAG, Virendra Lodha, Sr. Advocate, Archana, Yashodhar Pandey, Mehul Harkawat, Abhishek Paliwal, Rachit Sharma and Ankit Jain, Advocates, for the Respondents

JUDGMENT

Mahendra Kumar Goyal, J. - S.B. Civil Writ Petition No. 12057/2021

1. This writ petition has been filed assailing the legality and validity of the order dated 23.9.2021 passed by the second appellate authority whereby, the appeal preferred by the respondent No. 5 under the provisions of Rajasthan Transparency in Public Procurement Act, 2012 (for brevity-'the Act of 2012') against rejection of its technical bid, has been allowed.

2. Although, a number of prayers have been made in the writ petition; but, learned counsel for the petitioner confined his submissions qua relief No. 1 only and did not press the other reliefs.

3. The facts in brief are that the respondent No. 1 issued a Notice Inviting Tender (for short-'the NIT') No. 1/2021-22 for designing, providing, installation and commissioning of solar energy based borewell water pumping systems including comprehensive operation and maintenance for a period of seven years in various villages/towns of District Udaipur under PHED Region, Udaipur. It was a twin stage bid process, i.e., technical bid and financial bid. Total eight bids were submitted and the respondent No. 3, vide its letter dated 5.7.2021 found four bidders includ

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