JUDGMENT :

1. In the instant Petition, the Petitioner is aggrieved of Notice No. 6 (6) 58 EE/DIV/SGR/350 dated 5th of July, 2021 as well as the impugned tender Notice bearing NIT No.12/EE/DIV/SGR/2021-22 dated 7th of July, 2021 issued by the Respondent No.3.

2. Mr A. H. Naik, the learned Senior Counsel representing the Petitioner, submitted that the action and inaction on the part of the Respondents in determining the contract between the parties and changing the site, that too, without negotiating with the Petitioner amounts to arbitrary exercise of power, aimed at giving undue benefit to some other blue-eyed contractor(s). It is submitted that there was no agreement executed between the parties, therefore, there was no question of invoking any clause of the agreement which was not in existence.

3. Objections stand filed on behalf of Respondents 2 and 3. It is stated that the BSNL, Civil wing, was assigned the responsibility of execution of NFS project by the Department of Telecommunication (Government of India). The Project, as stated, is meant for enhancing the communication system of the Army and is of national importance as the project site is located at a highly sensitive strate