Aakar Construction VsState Of Chhattisgarh

Heard Mr. Prateek Sharma, learned counsel for the Petitioner and Mr. Raghvendra Pradhan, learned Additional Advocate General, appearing for the State/respondents.

By way of this writ petition, the petitioner has prayed for the following reliefs :

“10.1 That, this Hon’ble Court may kindly be pleased to set-aside the impugned order dated 20.12.2018 (Annexure-P/1) in the interest of justice.

10.2 That, this Hon’ble Court may kindly be pleased to direct respondent authorities to issue the work order to the petitioner and allow him to complete the work of tender.

10.3 That, this Hon’ble Court may kindly be pleased to direct respondents to pay compensation of Rs. 10 lakhs with 18% interest from the date of letter of acceptance issued by respondents to the petitioner.

10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.

10.5 That, this Hon’ble Court may kindly be pleased to set aside the fresh NIT dated 15.09.22 (Annexure P/13) in the interest of justice.”

The undisputed facts of the case are that a notice inviting tender was floated on 29.12.2016 by the respondent Public Works Department for construction of forty quarters for Collectorate employees. The petitioner being duly eligible and qualified participated in the aforementioned online tender process by submitting its bid and after opening of technical bid on 23.01.2017, the petitioner was found eligible, thereafter financial bid was opened and the petitioner was found to be the lowest bidder (L1). A copy of letter of acceptance was issued to the petitioner and since the rate of the petitioner was quoted 15.89% below from SOR, he was required to deposit 5.89% of amount of work i.e. Rs. 33,26,100/-, which the petitioner has deposited by way of FDR. But, no work order was issued to the petitioner and the entire tender process was cancelled by order dated 28.12.2018 and a fresh NIT was issued on 15.09.2022 for the same tender work for which the contract was earlier awarded to the petitioner.

This Court vide order dated 13.10.2022, while staying the process of NIT dated 15.09.2022, had passed the following order :

“Heard Mr. Prateek Sharma, learned counsel for the petitioner on I.A. No. 3 of 2022, which is an application for stay of Notice Inviting Tender (NIT) dated 22.09.2022 so far as it relates to tender Sl. No. 109497 dated 15.09.2022, in connection with construction of 40 numbers of Government Quarters in District Gariyaband, the estimated cost of which is Rs. 653.63 lacs.

Mr. Sharma submits that the petitioner was awarded contract for the same very work and the same came to be cancelled later on, on theground that the location of the building was in a Naxalite prone area.

It is submitted that the present NIT is issued for the very same village for which the contract was earlier awarded to the petitioner.

Issue notice on I.A. No. 3 of 2022, returnable on 10.11.2022.

No formal steps are called for with regard to the respondents as they are duly represented by Mr. Raghavendra Pradhan, learned Additional Advocate General.

Till then, tender submitted in respect of 40 numbers of Government Quarters in District Gariyaband shall not be processed.”

Mr. Prateek Sharma, learned counsel for the petitioner fairly submits that Security Deposit and Earnest Money Deposit i.e. Rs.33,26,100/- has been returned back to the petitioner.

In view of the above, nothing survives in this petition for adjudication. Accordingly, the same is dismissed.

Interim order granted earlier stands vacated.