Order on Board

Per Arup Kumar Goswami, Chief Justice

12.10.2022 Heard Mr. Manoj Paranjpe, learned counsel for the petitioner. Also heard Mr. Raghvendra Pradhan, learned Additional Advocate General, appearing for the respondents.

2. The respondent No. 4 issued a Percentage Rate Basis Notice Inviting Tender (for short, the NIT) inviting bids for construction of Mangla Bhainsajhar Road to Dindayal Colony Lokhandi Railway Phatak two lane road, length of which is 3.52 km. The estimated cost was valued at Rs.517.12 lacs.

3. The petitioner, which is a registered 'A' category contractor, participated in the aforesaid NIT along with others. Bid was opened on 17.11.2021 and on such opening, the petitioner emerged as the 'L-1' bidder. The respondent No. 2 issued an order of approval for issuance of Letter of Acceptance (LoA) on 03.12.2021 to the respondent No. 4.

4. The cause of action for approaching this Court by the petitioner under Article 226 of the Constitution of India had arisen in view of the letter dated 30.12.2021 issued by the respondent No. 4, wherein it was stated that the petitioner's bid, which is 20% below the estimated rate, was accepted by a letter dated 07.12.2021, but as the p