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NUPUR BHATI
Mahadev Stone Crusher – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Public Works Department – Respondent
ORDER :
Nupur Bhati, J.
1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, 1950 challenging the Letter dated 09.10.2024 (Annex.4) and impugned order dated 14.10.2024 (Annex.7) issued by Respondent no.3/Superintending Engineer.
2. The instant writ petition has been filed by the petitioner with the following prayer:
(A) The letter dated 09.10.2024 (Annex-4) issued by the respondent no.3 be declared illegal arbitrary and be quashed and set aside;
(B) The actions/decisions on the part of the Respondent-PWD while issuing fresh NIT No. 04/2024-25 (Annex-8) be declared illegal, arbitrary and be quashed and set aside;
(C) Consequently, the Impugned order dated 14.10.2024 (Annex-7) may kindly be declared illegal and may be quashed and set aside;
(D) The Respondents may kindly be directed to decide the representation preferred by the petitioner by passing a speaking and reasoned order.
(E) The respondent may be directed to issue work order in f
The authority has the discretion to reject bids and conduct negotiations, provided they comply with statutory requirements.
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....
The procuring entity has the right to reject bids and re-invite tenders as per the provisions of the Rajasthan Transparency and Public Procurement Act 2012 and the Rajasthan Transparency and Public P....
Tender evaluation must adhere strictly to the established criteria, and rejection based on erroneous interpretations undermines fairness and legality in public procurement processes.
Point of Law : Where the parties had executed lease deeds incorporating therein the rights, liabilities and obligations of the parties inter se, in the case in hand, the parties had not entered into ....
The rejection of bids by public authorities must adhere to the principles of fairness, reasonableness, and non-arbitrariness as mandated by Article 14 of the Constitution of India.
Judicial review in government contracts allows for negotiation with all tenderers, not just the lowest bidder, as established by procedural guidelines.
The decision to reject the bids was found to be arbitrary, capricious, and in violation of Vyayan Niyam, leading to the setting aside of the Resolution and NIT.
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