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COL. P.R. BHATIA (RETD.) ..... Petitioner
Through: Mr. Prasoon Srivastava, Adv.
AUTHORITY OF INDIA & ORS. ..... Respondents
Through: Ms. Padma Priya & Ms. Meenakshi Sood, Advs.
HON'BLE MS. JUSTICE INDERMEET KAUR
22.03.2013 An RFP was floated by the respondents on 4.3.2013 from eligible bidders for procurement of user fee collecting agency on Ghangari Toll
Plaza on NH-2 in the State of Jharkhand. The last date for submission of the bid was 21.3.2013. The petitioner never submitted a bid nor approached this
Court making grievance qua any terms or conditions of the tender till filing the present writ petition on 20.3.2013. Along with the writ petition a representation stated to have been made on 7.3.2013 sent through post has been filed. The representation is as vague as it can be. It only talks in generalities about several arbitrary and unjustified conditions without specifying the same. There are only two specific aspects stated in that representation:
ORDER
1. Lack oftermination right guaranteed to the Contractor is deleted. n. The toll plaza infrastructure is inadequate. WP (C) No.l98612013 Page 1 of[2] 2013:DHC:7198-DB Learned counsel for the respondents states that this representation has not even been received by them as yet. We fmd that the writ petition is completely misconceived. Firstly there cannot be any such general allegations as made in the representation without there being a specific reference to the relevant clauses. It is not that the petitioner has a right to design the terms & conditions of the tender as per his own liking. Secondly the representation was not handed over at the relevant office with the result that there is a controversy as to whether the representation is at all received. Thirdly if the petitioner was so aggrieved by any of the terms & conditions the relevant time was soon after floating the tender so that the petitioner could have made a bid if directed by this Court subject to the fmal outcome ofthe petition. To permit the petitioner to now challenge the tender process is to set at naught the bidding process in which the petitioner has not even participated. We are, thus, unable to accept the contentions of the learned counsel for the petitioner made before us elaborately. The writ petition and the application are dismissed with costs quantified at ~7,500 to the respondent to be paid within fifteen (15) days.
MARCH 22, 2013 b'nesh WP (C) No.l98612013 ~ SANJAY KISHAN KAUL, J. INDERMEET KAUR, J. Page 2 of[2]