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J. SREENIVAS RAO
Excel Sports, Rep. by its Sole Proprietor, Rajinder Singh Khanuja – Appellant
Versus
Managing Director, Sports Authority of Telangana State – Respondent
ORDER :
1. These two writ petitions are filed seeking following reliefs :
W.P.No.37932 of 2022
This writ petition is filed seeking Writ of Mandamus declaring the action of the 1st Respondent in disqualifying the Petitioner from the tendering process in pursuance and furtherance of NIT No.1/DE/SATS/2022-23 dated 14.07.2022 as arbitrary, illegal, contrary to the tender conditions and violates Article 14 of Constitution of India. Consequently the Hon’ble Court will be pleased to direct the 1st Respondent to open the financial bid submitted by the Petitioner and award the contract if the Petitioner is eligible.
W.P.No.4930 of 2023
This writ petition is filed seeking Writ of Mandamus declaring the action of the 1st Respondent rejecting the representation of the Petitioner dated 26.09.2022 on 04.11.2022 the representation dated 07.11.2022 on 24.12.2022 without considering the accompanying documents in proper perspective, which otherwise meet the tender requirements as arbitrary, illegal, contrary to the tender conditions, not in public interest and violates Article 14 of Constitution of India
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.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Point of Law- Court in all the aforesaid decisions has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or comme....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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