Order on Board

Per Ramesh Sinha, C. J.

The present writ petition under Article 226 of the Constitution of India has been preferred assailing the legality, validity and propriety of the Tender Cancellation Notice dated 10.04.2026 issued by Respondent No.4 in respect of Tender No.16/SAC/2025-26/Gariaband (2nd Call), whereby the subject tender came to be cancelled on the purported ground that the bid quoted by the petitioner was “higher than the prevailing trend”. Challenge has also been made to the communication dated 27.03.2026 issued pursuant to the recommendation of the Government Level Tender Evaluation Committee recommending cancellation of the subject tender.

2. Being aggrieved as stated hereinabove, the petitioner has sought for the following reliefs:

10.1. The Hon’ble Court may be pleased to call for the records of the case pertaining to the cancellation of the subject matter ie. NIT No. :16/SAC/2025-26, Gariaband dated 20.01.2026.

10.2. The Hon’ble Court may be pleased to quash the impugned notice dated 1-0.04.2026 (Annexure P/1) and the communication dated 27.03.2026 (Annexure P/2).

10.3. The Hon’ble Court may be pleased to direct the respondents to grant an opportunity of negotiations to the petitioners to arrive at a bid amount favorable to both the parties.

10.4. The Hon’ble Court may also be pleased to order payment of costs to the petitioner.

10.5. The Hohn’ble Court may further be pleased to pass any other order in favor of the petitioner as it may deem fit and proper under the facts and circumstances of the case.”

3. Brief facts of the case are that the Petitioner Company, namely M/s Vineet Singh Construction Company Private Limited, is a duly registered and reputed “A” Class contractor engaged in execution of civil construction and infrastructure projects and possesses the requisite technical expertise, financial capability and statutory qualifications required for execution of government contracts of substantial magnitude.

4. On 10.09.2025, the respondent authorities issued Notice Inviting Tender bearing No.07/SAC/2025-26 inviting bids for execution of construction work pertaining to the Piperchhedi Tank Scheme situated in Block Chhura, District Gariaband. The scope of work included construction of balance earth work, head work and nalla closure from RD 870 meter to 1140 meter together with construction of cut-off, rock toe, filter and pitching work, repair of sluice and construction of waste weir and chute fall in spill channel. The estimated value of the subject work was approximately Rs.2139.68 Lakhs. Pursuant to the aforesaid Notice Inviting Tender, the Petitioner participated in the tender process after fulfilling all requisite technical and financial eligibility conditions prescribed under the tender document. Upon evaluation of the technical bids, the Petitioner emerged as the sole technically qualified bidder.

5. However, instead of proceeding further in accordance with the terms and conditions of the tender document, the respondent authorities arbitrarily cancelled the tender vide notice dated 15.01.2026 merely on the ground that only one bidder remained in the process. Significantly, no condition existed in the tender document mandating automatic cancellation of the tender merely because a single bidder remained qualified.

6. Thereafter, without there being any substantial alteration in the nature or scope of work, the respondents issued a fresh tender being Tender No.16/SAC/2025-26/Gariaband dated 20.01.2026 (2nd Call) for the very same work. The Petitioner once again participated in the tender process and duly submitted its bid after complying with all prescribed conditions.

7. During the second round of tender process also, the Petitioner emerged as the sole technically qualified bidder. As per the tender conditions and prevailing departmental practice, the respondents were fully empowered to undertake negotiation in cases involving a single bidder or where the quoted rates were considered to b