TAPEN SEN, P.K.BALASUBRAMANYAN
N. R. Constructions Pvt. Ltd. Through Its Managing Director – Appellant
Versus
State Of Jharkhand – Respondent
1. The petitioner in WP (C) No. 1599 of 2003 in the file of this Court is the appellant in this appeal. The appellant approached this Court with the writ petition seeking the issue of a writ of certiorari to quash the award of a contract given to respondent No. 4. The notice inviting tenders was marked as Annexure-I and it was contended by the writ petitioner that respondent No. 4 to whom the work was awarded was not qualified to be given the work since it did not fulfil the qualifications specified in the tender notification. There was also an allegation of malafides and an attempt to favour respondent No. 4 in the matter of award of the contract. The learned Single Judge did not deal with the contentions in detail, but dismissed the writ petition on the very short ground that since the writ petitioner was a defaulter in the matter of some earlier work, it was incompetent to question the validity of the award of the work to respondent No. 4. The learned Judge, therefore, held that he was not inclined to interfere with the award of work to respondent No. 4. Thus, the writ petition was dismissed.
2. In this appeal, the main contention urged on behalf of the appellant was that re
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