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2021 Supreme(MP) 166

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
BVG India Limited – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant : Kishore Shrivastava, Learned Senior Counsel assisted by Kunal Thakre.
For the Respondents:A.A. Bernard, Learned Deputy Advocate General.

ORDER :

Vijay Kumar Shukla, J.

1. The present petition has been fled under Article 226 of the Constitution of India seeking quashment of the NIT (bid) open tender process with regard to Revised 3rd Call in relation to State Level Centralized Call Centre/Dial-100 Project Phase -II (2020-2025) "On Turn-Key Basis" and to direct the respondents-State to initiate the fresh tender process.

2. The petitioner is an existing Contractor performing the tender work. On 9.12.2020 the respondents have invited Tender (NIT). The last date for submission of NIT/Tender was 24.12.2020. It is alleged that the petitioner was restrained forcefully by using Government Agency i.e. GST who has made raid and sealed the office of the petitioner. On earlier two occasions two times advertisements were issued but no party has participated on account of harsh payment terms, as such 3rd Revised Call was made. It is further submitted that the respondents finalized the technical bid by exercising colorable powers on 2.2.2021. According to the petitioner, the petitioner's firm is having large infra-structure and performing various contracts works in all over the country. The petitioner is presently carrying out work of

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