IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18645 of 2009 DATE OF DECISION : 04.12.2009 Subhash Chand .... PETITIONER Versus The State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Rajesh Kumar Girdhar, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who claims himself to be an A-Class contractor, working for the last more than 15 years, has filed the instant petition under Article 226 of the Constitution of India for issuing direction to the Executive Engineer, Lehal Division, I.B. Patiala (respondent No.3 herein) to issue tender form to him, so that he can participate in the tender process issued by respondent No.3 vide tender notice dated 10.11.2009 (Annexure P-2). It is the case of the petitioner that according to the aforesaid tender notice, the tender for the requisite job is to be submitted on the tender form supplied by respondent No.3. In the tender notice, it has been written CWP No. 18645 of 2009 -2- that the blank tender form can be obtained from the office of respondent No.3 on payment of prescribed fee. It is the further case of the petitioner that sale of those tender forms was to start from 3.12.2009 and on the same day, the petitioner approached the office of respondent No.3 to purchase the tender form, but the same has not been supplied to him, without any justification and reason. It is the further case of the petitioner that in order to deprive him of the opportunity to participate in the tender process, respondent No.3 illegally and arbitrarily is not issuing tender form to him, in spite of the fact that he had made an application for issuing the said form with the requisite fee on 30.11.2009, along with all the other particulars, showing that he is eligible to participate in the aforesaid tender process. In the instant petition, the only prayer is that the last date for submitting the tender form is today upto 1.30 P.M., therefore, respondent No.3 be directed to supply the tender form to the petitioner, so that he can participate in the tender process. Keeping in view the above said facts, we have entertained this petition, which has been filed today itself, with the permission of the Court. In view of the aforesaid averments made in the petition and after hearing learned counsel for the petitioner, we dispose of this writ petition with a direction to respondent No.3 to supply the tender form to the petitioner on the prescribed fee on the application, which has already been filed for the said purpose. In case, respondent No.3 finds that the petitioner is not eligible for supply of the aforesaid tender form, he must pass a CWP No. 18645 of 2009 -3- speaking order on the application made by the petitioner in this regard. Copy of the order be supplied to learned counsel for the petitioner under the signatures of the Court Secretary of this Court. ( SATISH KUMAR MITTAL ) JUDGE December 04, 2009 ( MEHINDER SINGH SULLAR ) ndj JUDGE