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2014 Supreme(HP) 271

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Namit Gupta – Appellant
Versus
State of H. P. – Respondent


Advocates:
For the petitioner:Mr.Anshul Bansal, Advocate.
For the respondent(s):Mr. Shrawan Dogra, A.G. with Mr.Romesh Verma & Mr.V.S. Chauhan, Addl. A.Gs., Mr. J.K. Verma and Mr.Kush Sharma, Dy. A.Gs. for respondents No. 1 and 2. Mr.Satyen Vaidya, Advocate, for respondent No.3.

JUDGMENT

Justice Mansoor Ahmad Mir, A.C.J. By way of the present writ petition, the petitioner has questioned the rejection letter, dated 22nd January, 2014, (Annexure P­6), issued by respondent No.2, whereby the technical bid of the petitioner was rejected, and has also sought writ of mandamus commanding respondents No.1 and 2 to open the financial bid of the petitioner, with further prayer that any other relief, which the Court deems fit and proper, in the facts and circumstances of the case, may also be granted.

2. Facts of the case, in brief, are that a tender notice, dated 5.11.2013, (Annexure P-1), was issued by the Himachal Pradesh Public Works Department for the construction of a new OPD Block and Car Parking at Indira Gandhi Medical College (IGMC), Shimla. The persons/tenderers, eligible and interested to participate in the said tender process, were required to submit their tenders online. T7he petitioner, respondent No.3 and one Sai Engineering Foundation submitted their technical bids. On examination, the documents of the petitioner and Sai Engineering Foundation were not found in terms of the conditions stipulated in the tender notice, Annexure P-1. The petitioner was as







































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