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2003 Supreme(Online)(Chh) 11

CHHATTISGARH HIGH COURT
A.S. Khedkar, J
Shrikishan and Company v. State of Chhattisgarh and Others


Advocates:
For the Appellants/Petitioners: Shri P. Diwakar
For the Respondents: Shri Sanjay K. Agarwal, Shri Prafull Bharat

1. The main grievance of the petitioner / Company in this petition under Art.226 of the Constitution of India is against the decision of the Respondents Nos. 2 and 3 to enter into the negotiations with all the tenderers asking them to send their negotiated rates in a sealed envelope and not to accept the petitioner's tender even though the rates quoted by him were lowest. The petitioner Company has filed this petition with the averments that the Chief Engineer, Pradhan Mantri Gram Sadak Yojna had floated the tender for road and cross drainage works for various areas under Pradhan Mantri Gram Sadak Yojna including the maintenance of the same for five years after the construction. The tender notice was published on 16th April 2003. In response to the said tender notice the petitioner had applied for group No. 18 i.e. Raigarh CG - 13-7. The estimated cost Rs.513.18 lacs was fixed by the respondent No. 2. The petitioner quoted the rate 4.8% below the estimated value whereas the rate quoted by the Respondent No. 5 was 5% above the estimated cost value. After opening the tender it was found that the rates quoted by the petitioner was lowest therefore in all fairness the tender of the p



































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