WPMS/1512/2021
2021 Latest Caselaw 2904 UK

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      06.08.2021                            WPMS No. 1512 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode) Ms. Sadiqua Fatima, Advocate, with Mr. Kanti Ram Sharma, Advocate, for the petitioner.

Mr. M.S. Bisht, Brief Holder, for the State.

The learned counsel for the petitioner, on previous hearing was called upon to argue two questions:

(i) As to what would be the impact of the withdrawal of the earlier writ petition?

(ii) Whether the liberty, granted earlier by the coordinate Bench of this Court, by the judgment will make the representation, itself to be statutory?

Today, the learned counsel for the petitioner has submitted that, action or inaction on part of the respondents, while resorting to the tendering process, in case if there prevails any discrepancy, the prospective bidder has a right to issue notice, agitating his grievances or pointing out the lacunae in the tendering process. But, invariably in almost all the tender notice, itself provides the Forum, where the petitioner could have approach and secondly it also provides a Forum that in case if after being determined, as to be a successful bidder if the petitioner fails to deposit or fails to comply the terms of the bid in which he has been declared as successful, what would be the remedy available for him and what consequential actions could be taken by the prospective tenderer.

I am of the view to scrutinise these arguments of the learned counsel for the petitioner, the tender document itself is required to be scrutinised by this Court.

The learned counsel for the petitioner prays that she may be granted 4 days' time to place the same on record.

The same is granted.

Put up this writ petition on 24.08.2021.

(Sharad Kumar Sharma, J.) 06.08.2021 Mahinder/