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S.K.SETH
C. K. Asati – Appellant
Versus
Union of India – Respondent
This order shall also govern the disposal of Writ Petitions No. 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. 143212004 may be noticed.
Petitioner is aggrieved by the communication dated 10.11.2004 issued by the respondent No.3 - Executive Engineer, CPWD, Indore Central Division No.1, Indore whereby the application submitted by the petitioner for issuance of tendor documents was rejected.
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 & 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 contractor of CPWD, non-CPWD contractor shall also be eligible to tender provided they have satisfactorily completed 3 similar works each of value Rs.
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