High Court Punjab-Haryana High Court

M/S Deepak Kumar vs Municipal Corporation on 1 September, 2009

Punjab-Haryana High Court
M/S Deepak Kumar vs Municipal Corporation on 1 September, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH.

                                        C.W.P. No.13508 of 2009
                                        Date of decision: 1.9.2009

M/s Deepak Kumar.
                                                      -----Petitioner
                                Vs.
Municipal Corporation, Patiala.
                                                   -----Respondent


CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
            HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:-   Mr. Raman Sharma, Advocate
            for the petitioner.
                  ---

ORDER:

1. This petition challenges opening of financial bids of

tenderers who did not qualify in terms of tender conditions.

2. Case set out in the petition is that vide Tender Notice

dated 29.7.2009, Annexure P-1, tenders were invited by the

respondent for advertisement rights on 60 unipoles at Patiala for

three years. Similarly, vide notice dated 30.7.2009, Annexure P-

2, tenders for advertisement rights in respect of 539 pole kiosks

were invited. The petitioner gave its tender. The financial bids

could be opened only if conditions of technical bids were fulfilled.

Some of the parties who were not eligible as per the tender

conditions were also considered and their financial bids were also

taken into account, which amounted to be an illegality. Such a
CWP No.13508 of 2009 2

decision was arbitrary and liable to be interfered with as per law

laid down by the Hon’ble Supreme Court in R.D. Shetty v.

Airport Authority of India AIR 1979 SC 1628.

3. We have heard learned counsel for the petitioner.

4. Learned counsel for the petitioner does not dispute

that the parties who have been considered eligible for contract

offered better deal as compared to the petitioner. Jurisdiction

under Article 226 of the Constitution is a discretionary jurisdiction

and is not to be exercised mechanically. In absence of any

malafides or prejudice, even if there is any technical breach,

interference under Article 226 of the Constitution is not called for.

5. Dismissed.


                                        (ADARSH KUMAR GOEL)
                                                JUDGE

September 01, 2009                         ( DAYA CHAUDHARY )
ashwani                                           JUDGE