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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
B.P. Choudhary Construction Company, Through Its Proprietor B.P. Choudhary, S/o. Shri Daya Ram Ji – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary – 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 with the following prayer:
“I. Issue an appropriate writ, order and direction in the nature of certiorari quashing/ setting aside any and all orders passed by the Respondents (including vide letter dated 09.09.2025) vide which the Petitioner's bid has been rejected and/or the subject Tender no. 10/2025-26 dated 19.06.2025 has been annulled;
II. Issue an appropriate writ, order and direction in the nature of certiorari quashing/ setting aside any and all consequential actions (including but not limited to the letter dated 13.09.2025 issued by Respondent No. 3 i.e. Annexure-2) taken by the Respondents in furtherance of the rejection of the Petitioner's bid and/or annulment of the subject Tender no. 19.06.2025 (Annexure-3) 10/2025-26 dated (Annexure-3).
III. Issue an appropriate writ, order and direction in the nature of certiorari quashing/ setting aside the fresh Notice Inviting Bid bearing ref. 23/2025-26 dated 10.09.2025 issued by the Respondents re-inviting the tender (Annexure - 1);
IV. Issue an appropriate writ, order and direction in the nature o
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....
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 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 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....
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
The authority to cancel a tender prevails under administrative discretion, based on the rationale of maintaining integrity, fairness, and transparency in public procurement processes.
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.
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