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2021 Supreme(HP) 774

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Nakul Chauhan S/o Shri Dayal Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: B.C. Negi, Y.W. Chauhan.
For the Respondents: Ashok Sharma, Rajinder Dogra, Vinod Thakur, Shiv Pal Manhans, Hemanshu Misra, Bhupinder Thakur.

ORDER :

1. All these writ petitions are being decided by a common judgment due to identical questions of law and facts involved therein.

2. The common issue involved in all the cases is, whether the respondents could justifiably recall and cancel the tenders for the reasons which were not part of the terms and conditions of Notice Inviting Tenders (for short “NIT”).

3. In CWP No. 4954 of 2021, the NIT was issued for construction of link Road from Siyasu to Morar KM 00 to 3/500. In CWP No. 4370 of 2021, the NIT was for metalling and tarring on Maryog-Lana-Ravana road Km 0/00 to 20/265 and the NIT in CWP No. 4371 of 2021, was for metalling and tarring on Kawal Bandli Tharu road Km 0/02 to 5/600.

4. Whereas, the NIT in CWP No. 4954 of 2021 was for work pertaining to Shillai Division of Himachal Pradesh Public Works Department, the NITs issued in CWPs 4370 and 4371 of 2021 were for the Rajgarh Division. Both divisions are under Superintending Engineer, 12th Circle, HPPWD, Nahan.

5. In all the cases, the petitioners were found technically responsive and after opening of financial bids, they were found “L-1” in their respective tenders. The respondents, however, decided to recall and cancel t

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