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2023 (5) TMI 1233 - HC - Indian LawsAuction - rejection of bid - Disqualification of petitioner to participate in the tender/auction process - seeking to issue direction to opposite party no.4 to treat the bid of the petitioner as valid and reconsider the entire tender process from the stage of considering the technical bid afresh and award the tender in favour of the petitioner within a stipulated period. HELD THAT:- There is no dispute that the petitioner had submitted his bid quoting higher price of Rs.685/-and also furnished a letter of the bank without incorporating the bank guarantee as required under Rule-27(4)(iv) of the OMMC Rules, 2016. Once the bid submitted by the petitioner was not incorporated by the bank guarantee or the previous year’s income tax return, it was defective one and cannot be entertained as per the tender notice. It was also clarified in the tender notice that in absence of any documents, as enumerated in clause-1 to 14, the application submitted by the bidder would not be taken into consideration. Therefore, fully knowing the conditions stipulated in the tender notice, the petitioner should not have filed this writ petition claiming consideration of his bid on the ground that he had quoted higher price than opposite party no.5. In TIRUMALA TIRUPATI DEVASTHANAMS VERSUS K. JOTHEESWARA PILLAI (D) BY LRS & OTHERS [2007 (5) TMI 594 - SUPREME COURT], the apex Court held that the principle on which the writ of mandamus can be issued are well settled and referring to BIHAR EASTERN GANGETIC FISHERMEN COOPERATIVE SOCIETY LTD. VERSUS SIPAHI SINGH [1977 (9) TMI 114 - SUPREME COURT], the apex Court observed that The chief function of a writ is to compel performance of public duties prescribed by statute and to keep subordinate tribunals and officers exercising public functions within the limit of their jurisdiction. It follows, therefore, that in order that mandamus may issue to compel the authorities to do something, it must be shown that there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance. In view of the ratio decided in aforementioned judgment, it is made clear that writ of mandamus can be issued where there is a statutory duty imposed upon the officer concerned and there is a failure on the part of that officer to discharge the statutory obligation. Furthermore, a writ of mandamus can be issued to compel the authorities to do something and for that it must be shown that there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance - As such, the same is absolutely absent in the present case in view of the fact that the petitioner having not submitted his bid along with bank guarantee, as required in terms of the conditions stipulated in the advertisement and he has not discharged his duty in terms of Rule-27(4)(iv) of OMMC Rules, 2016 read with the conditions stipulated in the advertisement. If the tender notice specifies certain conditions and the same have not been adhered to, the bid submitted by the petitioner cannot be taken into consideration. Therefore, the Tahasildar, Jamda is well justified in rejecting the bid of the petitioner, which has been confirmed by the Sub-Collector, Bamanghaty, Rairangpur in appeal. Therefore, this Court is not inclined to entertain this writ petition. The writ petition merits no consideration and the same is hereby dismissed.
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