( 1 ) THIS order shall also govern the disposal ofw. P. Nos. 1433/2004, 1558/ 2004, and 1559/2004 as the common question of law and facts involved in all the cases. For the sake of convenience, the facts of W. P. No. 1432/2004 may be noticed.

( 2 ) PETITIONER is aggrieved by the communication dated 10-11-2004 issued by the respondent No. 3 - Executive Engineer, c. P. W. D. Indore Central Division No. 1, indore whereby the application submitted by the petitioner for issuance of tender documents was rejected.

( 3 ) THE facts lie in narrow compass. One smt. Chandrakala Asati was running a proprietary concern. She was a registered civil contractor. Later on, Smt. Chandrakala Asati and 4 other persons formed a partnership firm in the name and style of M/s. C. K. Asati. This aforesaid partnership firm was duly registered by the Registrar of Firms and societies. The respondents floated a NIT which is available on record as Annexure p/2. One of the condition mentioned in the nit was as under :"the tender shall be issued to approved and eligible contractors of CPWD, non-CPWD contractors shall also be eligible to tender provided they have satisfactorily completed 3 similar works each of valu

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