PETITIONER ^y .¥ v IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR /' 3 W.P. No. .......4.<^?......../2001 $;'^" 1. M/S. Jagdish Construction Pvt. Limited., A duly incorporated Company under the provisions of the Indian Compan/s Act, 1956 having its registered Office at 8, Shastri Nagar, Neemuch (MP) Through the Power ofAttorney holder Shri Sushil Kumar Agrawal, B-4, Commercial Complex, T.P.Nagar. Korba (Chhattisgarh) 2. Shri Suhsil KumarAgrawal, S/o. LateShri S.K. Agrawal aged about 34 yrs, B-4, Commercial Complex, T.P. Nagar, Korba, Chh., VERSUS RESPONDENT : Bharat Aluminium Company Limited (BALCO), A Govt. of India Enterprise, Korba, Chhattisgarh. Through the Asstt. General Manager, (Contracts), Balco, Korba, Chh. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT/WRITS DIRECTION/DIRECTIONS AND QRDER/ORDERS. T T ^ET ^iqj^i^ ^-ai^<j(o, f^Cr11^l|< ^(P^tT^W^ 3Tlt?T ^5W W.P. 177/2001 •^^ "R^ 200 'fe^l?* + ^TT^T^T R^Jch 3:nl?T 5t)^ich ^f^a f^/1 <r^1 W^T'^<T[8[R: ^rf^T 5.3.2001 ; Mro R<.S.Jaiswal fcbr Mr. P.S.Nair^learsjied In the pleadings regarding-the fact that pet ^ertain facts 'are controverted H ttioner actual.ly went to the office of the respondents atid ir^uired about tender papers ^ which however were not issu^d to. the petitionero Accordino/ to the petitioners tender p^pers have been submitted by •four persons*. It is submit many people wanted to. submi date pf submission of paper apprehension that once the ked that it is not a case where^ ^ I: the papersafter the last |^ the flood gate. In my view much as this petitioner is fically for raising a 9£ie; Who is to-be s^lected papers so that he has also « » » chN?<n^r1<i ^H^if ^ fiT^t <r3i^i< ^^Tf^R STI^T t-he petltioners ^ counsel for the respondents^ i . Mr. Nair expresse^some^_" (fcender papers a-^- '^& /T^Y 'allowed to be accepted by tjhe respondents^ it will open [this should not happen in as iapproaching this cour.t speci- ,ce to get^the tender papers', i Q^ls.vl^nce to get ^f\yi^s. ^'^ ^- i^-^—^rjl^^^t--^£- th& com] competent autho yer made on behaif of the rity. However^ specific pr^ petitioner is that he shouljd be allowed to submit tender an opportunity to compste other contractors, It is si|tomittedby Mr .Jaiswal" tha', fact petitioner has also d^ne some work of the respona-. ..^L^.^,^. [^^ 3H^?r'q^? (^f^r^ ) 3:fT^T^T 'f^N'^n^r ^RW^cT ^n the past. Mr < Nair submJ! ^isputed facts and therefo^e •}:he issues of disputed '^ » «&k ® W^TT^T^R-rft^ ^NoT^T ^iTR^f ^^S T^$R ^ 3Tf^T W^T y Its that matter involves certain this court may not enter into factis, I-t is also' further submitted that of BA1QQ has, also un^e^gone a ch.ange .and it is RO longer i State which is em-ftnable_t|o the writ jurisdiction. , -4 Be that as i^ t)een invited before this ^tate of BALCO and slnce sp ^ince the petitioner is ini ^ontractors^it appears tha j^aused If teader papers ar^ |ie may '&^K have-an opportu^i icontractors. After hearing g£ am of the opinion that i- itition is disposed of as i) The petitioner tender papers »: pondents shail to the may^ since the tender papers have p^esent change came about as regards j^eclfic plea has been taken that -erested to compete with the other no prejudice as such would be issued . to this writ petitioner that iijiity of competing with other eligible .earned counsel for the parties ' will be just and fair If the follows s" shall be allowed to submit the :n sixxfite order to do so^ the 'res- issue necessary terid^r papers by 8.3.2001. petitiofier ii) Tender papers ]}>e siA^mittedby 20.3»2001^ Thereafter^ th^ tender papers of -all the tenderers shall be openejd on a certain date to be determined by the respond^nts, This order shagLl be operative only inrespect of Ite the petitione6e -.!—.—«^^_^»«»_._-^y^.^^Q^^^_, GRPRJ—FS/311—1/2.001—50,000. - Sd/- ^ ^^- Chief Jusdce ^L