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2020 Supreme(MP) 505

SHEEL NAGU, RAJEEV KUMAR SHRIVASTAVA
Omega Elevators – Appellant
Versus
State of M. P. – Respondent


Advocates:
Rohit Jain for petitioner; Deepak Khot for respondent No. 2.

ORDER

1. Writ jurisdiction of this Court under Article 226 of Constitution is invoked assailing Notice Inviting Tender ('NIT' for brevity) vide P-1 dated 17.12.2019 issued by respondent No.1 for the work of supply, installation, testing, commissioning and maintenance of lifts including allied works under PMAY at Mahal Gaon Ki Pahadi and Manpur, Gwalior (M.P.) valued at Rs. 1460.60 Lacs to be completed within six months including rainy season.

2. Learned counsel for rival parties are heard on the question of admission.

3. The challenge to the aforesaid NIT is to the extent it restricts the right to bid to a limited number of companies manufacturing lifts thereby and in the process excluding the petitioner who claims itself to be a sole proprietorship involved in manufacturing lifts. It is submitted by learned counsel for the petitioner that the petitioner is otherwise eligible to participate in the NIT from all aspects but only on account of the said restrictive bidding invited by the respondent his right to participate is taken away.

4. Learned counsel for the petitioner has relied upon various cases in support of his contention including Punjab Drugs Manufacturers Association v. St

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