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2023 Supreme(UK) 536

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Jagdish Singh Suyal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.D. Pande.
For the Respondents: Mr. J.C. Pande, Mr. S.S. Chauhan, Mr. Dushyant Mainali.

JUDGMENT :

(Manoj Kumar Tiwari, J.)

Petitioner is a Civil Contractor. He responded to a notice inviting tender issued by respondent no. 2, on 28.08.2020, for the purpose of reconstruction and development of rural roads under Pradhan Mantri Gram Sadak Yojana. Petitioner’s technical bid was initially found to be responsive. Rival bidders made compliant that petitioner did not meet requirement of condition contained in Clause 4.2 (g) of Standard Bidding Document, therefore, his technical bid is liable to be rejected. The Tender Technical Committee considered the complaint and declared petitioner’s technical bid to be non-responsive. Thus, feeling aggrieved by the decision taken by Tender Technical Committee, on 20.11.2020, petitioner has approached this Court, seeking the following reliefs:

    “I. Issue an order, direction or writ in the nature of certiorari the Resolution dated 20.11.2020 of the Tender Technical Committee with respect to “Kharlekh- Bhanar Motor Road KM 1 to Naikana- Basora Motor Road (Stage II works) Phase XVII” assigned Package No. UT- 02-70, (Annexure No. 9) whereby the bid of the Petitioner has been disqualified;

I. Issue an order, direction or writ in the nature of c

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