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2021 Supreme(P&H) 404

RAVI SHANKER JHA, ARUN PALLI
A. G. Construction Co – Appellant
Versus
Food Corporation Of India – Respondent


Advocates Appeared:
Puneet Gupta, Advocate, K.K. Gupta, Advocate

JUDGMENT

Arun Palli, J. - The petitioner-M/s A.G. Construction Co., is a proprietorship concern. And vide this petition, prays for a writ of Certiorari to quash the orders dated 02.11.2020 (P-6), whereby the bid submitted by the petitioner, upon technical evaluation by the duly constituted committee, was rejected being non-responsive, and also dated 20.11.2020 (P-12), vide which even the representation against rejection of its bid has since been declined. A Mandamus is also prayed for, commanding the respondent-authorities to reckon the experience the sole proprietor (Ajay Kumar Garg) of the petitioner concern had acquired, while being a partner in M/s B.G. Constructions Co. Bathinda (partnership firm) and accordingly, he be held to be technically compliant, and the bidding process be initiated afresh from that stage.

2. In brief, the case set out in the petition is that petitioner is an enlisted contractor in Class I category of building works of the Punjab Mandi Board and the Punjab Roads and Bridges Development Board. And as would be necessary to point out, earlier the petitioner was a partner in M/s B.G. Constructions Co. (erstwhile partnership firm), and held 50% share, whereas,

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