JUDGMENT :

1. Heard Sri Arun Kumar Gupta, learned counsel for the petitioners, learned Standing Counsel for the respondent no.1 and Sri Pranjal Mehrotra, learned counsel for the respondents no. 2 & 3. By means of the present writ petition, the petitioners have prayed for issuance of writ of mandamus directing the respondents to accept and include E-Tender of the petitioners and consider the same at the time of finalizing the Bid, which is likely to be done on 28th February, 2019 or 1st March, 2019. Brief facts of the case are that the respondent no. 4 had invited E-Tender in the news paper (Hindustan) on 27.12.2018 for the construction of under ground two level parking in front of Varansi Kachehri between Circuit House and Commissioners Sabhagar. The date of opening of technical Bid was 28.01.2019 at 02.00 PM and finalization of Bid was 30.01.2019 at 12.00 noon. Clause 1 and 5 of the E-Tender is relevant, which reads as under:

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