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2016 Supreme(HP) 2040

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Balwinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Javed Khan, Advocate.
For the Respondents:Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr. Romesh Verma, Additional Advocate Generals, and Mr. Kush Sharma, Deputy Advocate General, Mr. Ashok Sood, Advocate

Mansoor Ahmad Mir, J.

By the medium of the instant writ petition, the petitioner has called in question awarding of the sanitation tender process drawn by respondents No. 1 to 3 at Regional Hospital, Kullu, on the ground that the said tender has been allotted in favour of respondent No. 4 without following due process of law.

2. The petitioner has pleaded in paras 2 and 4 of the writ petition that the petitioner had applied for sanitation tender at Mahatma Gandhi Medical Services Complex (MGMSC) Khaneri, Rampur, for the financial year 2016-17, but the firms, which were not eligible, were declared qualified in the technical bid. Further averred that respondents No. 1 to 3 have wrongly and illegally awarded the sanitation tender at Regional Hospital, Kullu, in favour of respondent No. 4 despite the fact that it was not fulfilling the terms and conditions contained in the tender document.

3. The respondents have filed the replies. Respondents No. 1 to 3, in their reply, have stated that as per the check list of the documents to be attached with the technical bid, respondent No. 4 was found to be eligible and the tender of sanitation in respect of the Regional Hospital, Kullu, was allotte









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