@ HIGH COURT OF CHHATTISGARH AT BILASPUR DB: Hon’ble Shri Dhirendra Mishra & Hon’ble Shri R.N. Chandrakar, JJ. Petitioner ‘g Resgondents g Southern Agencies, Through its Partner and Chief Executive V. Wswanadhan Aged about 58 years. S/o. Late Velayudhan Achary, R/o. 8/9-A Vasundhara Nagar (South), Bhnai, Distt. Durg (CG) South Eastern Coalfields Ltd., Through its Chairman cum Managing Director Seepat Road, Bilaspur (CG) 495 006. Genera! Manager, Contract Management Celt, South Eastern Coamelds Ltd Seepat Road, Biiaspur (CG) 495 006. AKS Soitware Ltd Through its Chairman A-1/169 Safdarjung Enciave, New Delhi 110 026 Mls. Digi Weigh, Through its Partner Jain Plaza Bilaspur (CG)495 001. M/s. R.R. Engineers and Consultants Through its Partner lndira Colony, Near Tar Bahar Chowk Bilaspur (CG)495 001. Present: 1. By the instant petition, the petitioner has impugned the tender notice dated 18.11.2010 (Annxure—P/1) on the ground that the same has Vs. w.P. (c) No.1869/2011. Shri Gary Mukhopadhyay, counsel for the petitioner. Dr. N.K. Shukia with Smt. A. Sen Gupta for respondents No. 1 & 2. o RA L o R o E R (07.04201 1.) @ been issued in violation of the provisions of Section 19 of the Standards of Weights and Measures (Enforcement) Act, 1985 (herein after “Section 19 of the Act”); tender condition clubbing the vaiue of three years work order for qualifying for the Comprehensive Annuai Maintenance Contract is arbitrary, illegal and unprecedented and also on the ground that respondents No.1 & 2 have deliberately deviated from fixed eligibility criteria for Annual Maintenance Contract existing in other subsidiaries of Coal lndia with an intension to favour respondents No. 3 & 4, who do not possess licence. s The tender notice has been mainly challenged on the ground that in Clause 4(a) of the tender notice, the respondents have relaxed the norms and have asked the bidders to submit an undertaking that they would submit required repairing licence of the weighbridge issued by Weights & Measure Department, before award of work, whereas Section 19 of the Act 1985 prohibits manufacture, repair or sale or weights and measures without licence. Section 19 of the Act only envisages that no person shall make manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds valid licence issued in this behalf by the Collector authorizing such persons to do so. However, such persons who bonafidely repairs any weights or measure owned and possessed by him, has been exempted from taking out licence referred in the Section. Even otherwise, from condition 4(e) of the tender notice it is clear that the tenderer has to give undertaking that he shall submit the required licence before the award of work. Even otherwise, indisputably, the petitioner participated in the tender process and submitted his offer along with other tenderers in response to the impugned tender notice of Annexure-P/2 without any objection for Slice “E” & F The price bid was opened and respondent No.4 was declared as L1 for Slice ”F", whereas respondent No.3 was L1 for Slice “E" and the petitioner was declared L2 and only when the tenders were opened and the petitioner was L2, the instant petition was med. Therefore, we are of the considered opinion that the petitioner cannot be permitted to challenge the tender process after he himself unsuccessfully participated in the tender process without any objection and this petition has been tiled atter the tender process was completed and the petitioner was unsuccessful in procuring the contract work. On the basis of the aforesaid analysis, we decline to entertain this writ petition on the aforesaid ground and dismiss the same in Iimine. 5 Sdl— Sd/- Dhirendra Mishra i RN. CHANDRAKAR ii Judge i Judge