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NUPUR BHATI
Sigma Minerals Limited – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The instant writ petition has been preferred by the petitioner under Article 226 of the Constitution of India with the following prayers:-
ii. the respondents may be directed to further process bid of the petitioner from the stage of opening of financial bid and to issue the letter of intent to the petitioner to enable it to undertake production;
iii. any other order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may be passed in favour of the petitioner
v. the writ petition may kindly be allowed with costs throughout.
2. Brief facts of the case are that the respondent No 2 Director, Mines and geology, Udaipur issued a Notice Inviting Tender (herein after referred to as NIT for short) dated 03.07.2019 (Annexure-1) for various blocks of Limestone in District, Nagaur, Rajasthan as per which, an applicant was required to have net-worth of Rs 4,03,14,624/-, and since the petitioner was having the net-worth of aforesaid amount therefore, the petitioner company participated in the auction proceedings and submitted the bid and all the nece
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 tendering process must adhere strictly to statutory rules, particularly when it comes to valid bidders and quotation limits.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
No vested right is established from bid submission; rejection of bid is valid when corporation ensures public interest and current market rates prevail.
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
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