A challenge to restrictive tender conditions is barred by laches if the petitioner fails to challenge the stipulation immediately upon knowledge or rejection, particularly after the tender process has progressed to the stage of opening financial bids or issuing Letters of Award.

V. KAMESWAR RAO , J (ORAL)

1. These writ petitions have been filed with the following prayers:-

W.P.(C) 11832/2026

i. Issue a writ, order or direction directing the Respondent to produce the entire record pertaining to E-Tender Notice No. 2026_NCRTC_264269_1 bearing Bid No. DA/UD/COR-OF/039 dated 30.01.2026 for undertaking the Shifting/Modification work of 220KV & 66KV EHT line including 66KV UG Cable of HVPNL infringing Revised Namo Bharat Alignment (Cyber City to IFFCO Chowk, Gurugram);

ii. Issue a writ, order or direction, especially a writ in the nature of Certiorari, quashing and setting aside the Technical Bid Evaluation/Technical Summary dated 13.05.2026 insofar as it declares the Technical Bid of the Petitioner non-responsive;

iii. Issue a writ, order or direction, especially a writ in the nature of Certiorari, quashing and setting aside Clause No. 2.4.2(d) of the NIT to the extent it mandates possession of an ‘A’ Class/EHT Electrical Contractor Licence issued by the Government of Haryana specifically in favour of the Lead Partner of the Joint Venture;

iv. Issue a writ, order or direction, especially a writ in the nature of Mandamus, directing the Respondent to reconsider and reevaluate the Technical Bid of the Petitioner after taking into consideration the valid EHT Electrical Contractor Licences issued by the Governments of Delhi, Gujarat and Uttar Pradesh in favour of the Lead Partner, M/s PSH Infra Tech Pvt. Ltd., as well as the ‘A’ Class Electrical Contractor Licence issued by the Government of Haryana in favour of M/s ADECO Energy India Pvt. Ltd., being one of the Joint Venture Partners;

v. Issue a writ, order or direction directing the Respondent to consider and adjudicate upon the Representation dated 13.05.2026 submitted by the Petitioner in accordance with law;

vi. Direct the Respondent to consider the Advisory dated 20.11.2023 issued by the Central Electricity Authority concerning “One Nation, One License for Electrical Contractors” while reconsidering the eligibility of the Petitioner;

vii. Direct the Respondent to keep the finalisation/award of the tender in abeyance during the pendency of the present petition;

viii. Restrain the Respondent from proceeding further with the tender process and/or awarding the work pursuant to the Technical Bid Evaluation Report dated 13.05.2026 and the Financial Bid opened on 14.05.2026 during the pendency of the present petition;

ix. Dispense with the issuance of advance notice to the Respondent;

x. Dispense with the filing of certified copies of the Annexures and permit the Petitioner to place on record true/photocopies thereof, subject to the directions of this Hon’ble Court;

xi. Award the costs of the present petition in favour of the Petitioner; and

xii. Pass any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

W.P.(C) 11833/2026

i) Issue a writ, order or direction directing the Respondent to produce all records pertaining to E-Tender Notice No. 2026_NCRTC_267346_1 bearing Bid No. DK/UD/COR-OF/023 dated 17.02.2026 for undertaking the Shifting/Modification work of 220KV & 132KV transmission line of HVPNL infringing Delhi-Panipat-Karnal Namo Bharat Corridor (Ch. 103000 – Ch. 133750);

ii) Issue a writ, order or direction especially a writ in the nature of Certiorari for quashing the impugned Technical Summary dated 04.08.2026, whereby the Technical Bid of the Petitioner has been declared non-responsive;

iii) Issue a writ, order or direction especially a writ in the nature of Certiorari for quashing/setting aside Clause No. 2.4.2(d) of the NIT to the extent it mandates possession of an ‘A’ Class/EHT Electrical Contractor Licence issued by the Government of Haryana specifically in favour of the Lead Partner of the Joint Venture;

iv) Issue a writ in the nature of Mandamus directing the Respondent to consider and open the technical bid of the Petitioner after taking into consideration