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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
| Table of Content |
|---|
| 1. filing of writ petition under article 226. (Para 1) |
| 2. background of tender cancellations and petitioner's status. (Para 2 , 3) |
| 3. petitioner's arguments against tender cancellation. (Para 4) |
| 4. respondent's defense against the petitioner's claims. (Para 6) |
| 5. court's analysis of the legal obligations and evidence presented. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 6. judicial review principles regarding tender decisions. (Para 17 , 19) |
| 7. final conclusion on the merit of the petition. (Para 20 , 21) |
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 Responde
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.
Cancellation of tender where L-1 bid within 5% limit, suspecting cartel without evidence, and inconsistent with prior awards exceeding limit, held arbitrary, violative of Article 14 warranting judici....
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