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Judgment
Vipin Sanghi, CJ
The petitioner has preferred the present writ petition to assail the E-tender notice dated 27.07.2023, issued by the respondents for the work of “Confirmatory Survey, Design, Construction & Laying of sewer line, testing and commissioning (with one year defect liability period) with all appurtenant works on item rate contract basis including supply of all material, labour T&P etc. for (Left over works of Smart City Ltd.) from Agaghar Chowk to Mothrowala STR, Dehradun”.
The basis on which the present tender has been challenged is that the said tender was earlier awarded to the petitioner, and that award was cancelled by the respondents, which is under challenge in Writ Petition (M/B) No.120 of 2023.
Pertinently, the said writ petition is pending since 15.06.2023. In those proceedings, consciously, we did not grant any interim stay, either against the cancellation of the tender awarded to the petitioner, or against initiation of the fresh tender process by the respondents. We are, however, examining the issue with regard to the repeated issuance and cancellation of tenders for the same work by the respondents. Therefore, the petitioner can have no grievance with the issuance of fresh tender dated 27.07.2023.
Pertinently, Writ Petition (M/B) No.120 of 2023 was also taken up on 14.08.2023, but no such grievance was raised by the petitioner. The petitioner has also not impleaded the successful bidder in the tender process, in question.
Mr. Chauhan, who appears for the successful bidder, states that the bid tendered by the successful bidder is lower by about Rs.1.81 crores than the bid offered by the petitioner, in respect whereof tender has been cancelled, and which is under challenge in the aforesaid writ petition.
We are, therefore, not inclined to entertain this writ petition, and the same is, accordingly, dismissed.
Pending application, if any, also stands disposed of.