Order

Javed Iqbal Wani, J.—This order shall dispose of application of interim relief being CM 795/2021.

2. In terms of order dated 04.02.2021 notice was issued in first instance to respondents 1 to 3 consequent upon which Mr. K.D.S Kotwal Dy. AG, appeared and was granted time for filing objections. On 08.02.2021 when matter came up for consideration, Ms. Tak entered appearance for respondent No. 2. Objections stand filed by the respondent No. 1 to 3.

3. In the application in hand petitioner prays for following reliefs: -

“The hon’ble court may please to stay the impugned decision dated 23.12.2020 with respect to the ousting the petitioner company from the tendering process and declaring the respondent no. 4 as lowest bidder and to restrain the respondents from issuing formal allotment order in favour of respondent no. 4 with respect to contract for construction of Global Category Synthetic Hockey Surface including allied civil works with annual maintenance of 3 years for Turf and Sprinkle at K.K.Haku Stadium Jammu in reference to notice inviting tender, tender notice e-NIT No. 05/5 of 2020 dated 18.09.2020 till the outcome of the main petition.”

4. The interim reliefs supra are being sought on the basis of following main reliefs being prayed by the applicant/petitioner in the writ petition: -

(a) An appropriate writ, order or direction in the nature of writ of certiorari quashing the decision of the respondent No. 2 and 3 dated 23.12.2020 in ousting the petitioner company in the technical bid by giving remarks “non-responsive” on the basis of a highly illegal and uncalled for Corrigendum issued under no. SC/CDJ/1123-26 dated 09.11.2020 with respect to allotment of contract for construction of Global Category Synthetic Hockey Surface including allied civil works with Annual Maintenance of 3 years for Turf and sprinkler at K.K. haku Stadium, Jammu in reference to Notice inviting tender, Tender Notice e-NIT No. 05/05 of 2020 dated 18.09.2020.

(b) An appropriate writ, order or direction in the nature of writ of certiorari quashing the decision dated 23.12.2020 whereby the respondent no. 4 has been declared as lowest bidder with bid amount of Rs. 5,39,78,977.37 for allotment of contract for construction of Global Category Synthetic Hockey Surface including allied civil works with Annual Maintenance of 3 years for Turf and sprinkler at K.K. haku Stadium Jammu in reference to Notice inviting tender, Tender Notice e-NIT no. 05/05 of 2020 dated 18.09.2020.

(c) An appropriate writ, order of direction in the nature of writ of mandamus commanding the respondents to declare the petitioner company as qualified in the technical bid and declare it as lowest bidder (L1) having submitted its financial bid at Rs. 5.11. Crore which is admittedly lower than the financial bid of respondent No. 4 and allot the contract for construction of Global Category Synthetic Hockey surface including allied civil works with Annual maintenance of 3 years for Turf and sprinkler at K.K. Haku Stadium Jammu, in reference to Notice inviting Tender, tender Notice e-NIT No. 05/05 of 2020 dated 18.09.2020 to the petitioner company.

(d) An appropriate writ, order or direction in the nature of writ of mandamus directing the respondents not to issue formal allotment order for construction of Global Category Synthetic Hockey Surface including allied civil works with Annual Maintenance of 3 years for Turf and sprinkler at K.K. Haku Stadium Jammu, in reference to notice inviting tender notice e-NIT No. 05/05 of 2020 dated 18.9.2020 in favour of the respondent No. 4 pursuant to its illegal declaration as lowest bidder.

(e) Any other relief, which this Hon’ble court in the facts and circumstances of the case deems fit and proper.

5. The petitioner implores for the aforesaid reliefs in the writ petition on the premise that the respondents 2 & 3 issued an e-Tender No. 05/5 of 2020 dated 18.09.2020 with regard to construction of Global Category Synthetic Hockey Surface including a