IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1669 of 2011 Date of decision: 20.05.2011 ________________________________________________________________ Sanjeev Kumar Baloria. .....Petitioner. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Sanjay Jaswal, Advocate. For the respondents: Mr. Anil Jaswal, Deputy Advocate General. V.K. Sharma, J. (Oral). Heard. Vide Notice Inviting Tender (NIT) dated 11.11.2010, Annexure P/I, tenders were invited by the respondent-department for the following work: “Work No. 1: C/O link road to village Kiari (Chatrer) Chamdera km. 0/0 to 3/855 (SH:- Formation cutting 5/7 mtr. Wide road, Providing C.D. Works, Barin, Parapets and M/T in km 0/0 to 3/855 (under NABARD RIDF-XVI). Estimated cost: Rs. 1,08,10,188/- Earnest Money: Rs. 1,63,800/- Time Limit One year Cost of tender form Rs. 1250/-.” 2. Amongst others, the petitioner also made a bid which was found to be the lowest. The tenders were opened on 07.02.2011, though the petitioner and another bidder were not fulfilling the condition regarding “work done”, their bids were found to be competitive and as such were entertained. Later on, 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... vide Office Order dated 14.03.2011, Annexure R-I, the respondent- department constituted a committee to look into the matter. On the basis of the report submitted by the Committee, the bid submitted by the petitioner was cancelled vide Office Order dated 16.3.2011, Annexure R-III, on the above ground of “work done”. 2. Now fresh tenders have been invited for the above work. Last date for applications for tenders is stated to have already expired today, i.e., 20.05.2011 at 12 noon. In such circumstances, the petitioner cannot participate in the fresh process. 3. In view of the above, it shall be expedient and in the interest of justice that the tender already submitted by the petitioner is also considered alongwith tenders to be submitted by other tenders in the fresh process and the matter processed further in accordance with the relevant rules and regulations and law. Ordered accordingly. 4. The petition stands disposed of in the above terms, so also pending CMP(s), if any. Copy dasti. (V.K. Sharma) Judge 20th May, 2011 (virender)