ORDER :

By way of instant petition, the petitioner has prayed for following substantive reliefs:-

(i) Issue a writ of certiorari to quash Annexure P-1 i.e. cancellation tender order dated 16.12.2021.

(ii) Issue a writ of mandamus directing the respondent authority to consider the tender of the petitioner by awarding the same to the petitioner.”

2. Respondent No. 5 issued Notice Inviting Tenders (for short, "NIT") for execution of work “C/o Charna to Gudagdhar Kheeldhar Sayadhar road KM 0/0 to 5/730 (Sh:- construction of 5/7 meter wide formation cutting, C/o Retaining structure, P/L Kharanja stone soling, essential reaches, Road side unlined drain, essential parapets and P/F sign Board and KM stone in Km 0/0 to 5/730 and 2 No. 4.000 meter span slab culvert including dumping site”.

3. Petitioner along with other bidders submitted their respective bids in response to NIT. The bid of the petitioner was found technically responsive. On opening of financial bid, the bid submitted by the petitioner was found to be "L-1". Respondents, however, cancelled the tender on 16.12.2021 on the ground that the tender was not as per the notification issued vide letter No. PBW(B)A(3)1/2020-1, as the bid am