IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Pragmatic Infrastructure Pvt Ltd., Through Director Pranvir Singh Kushwaha – Appellant
Versus
Madhya Pradesh Housing And Infrastructure Development Board – Respondent
Order :
Anand Pathak, J.
1. With consent of parties, heard finally.
2. The present Writ Petition is preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs :-
7.1 Issue a writ order or direction in the nature of certiorari to quash the impugned order dated 18.03.2025 (annexure P-1) by the Respondent No.3.
7.2 Issue a writ order or direction in the nature of mandamus to reconsider the allotment of financial bid and proceed with acceptance of tender of the eligible/qualified lowest tenderer/petitioner.
7.3 Any other relief which this Hon'ble Court finds appropriate in the matter may also be granted with Costs.
3. Precisely stated, facts of the case are that the petitioner is a registered company engaged in construction works. It is a registered contractor executing various government works. Respondent No.1 is a statutory body established under Section 3 of M.P. Grah Nirman Mandal Adhiniyam, 1972 (hereinafter shall be referred to as the “Adhiniyam). It is a body corporate having power to contract. Respondent No.1 is incorporated to perform public duty of providing housing accommodation to the public at large. It is fully funded by the State Govern

The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
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Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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