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TMI Blog2025 (5) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... aving tender I.D. No. ID 2024-NNKAN-893535-1 uploaded on 09.02.2024. 3. Furthermore, a prayer has been made to quash the agreement executed by the respondent no.4 in favour of respondent No.5 for supply of Bhusa, Chokar and Hara Chara till 31.03.2025 and also with the prayer of mandamus seeking a direction to the concerning respondent to allocate the said tender in favour of the petitioner No.1. 4. At the very outset it has been submitted by counsel for the respondent Nos.2 to 4 that the present writ petitioners have earlier approached this Court in Writ C No.5471 of 2024 which was dismissed on 29.02.2024. 5. A perusal of the aforesaid order dated 29.02.2024 demonstrates that the said writ petition was preferred seeking a writ of mandamu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 to be eligible for grant of the said contract. The contract was granted to it after making the necessary evaluation on 19.02.2024. 8. The challenge to grant of contract to the respondent No.5 is primarily based on the ground that the firm of the respondent No.5 is a newly constituted firm and its PAN has recently been issued on 27.12.2023. Further more, the GST registration number has also been issued on 06.01.2024 and therefore in pursuance of clause No.7 and 8 of the tender, the respondent No.5 does not have the necessary eligibility to have applied or to have been granted the contract by the respondent Nagar Nigam. Apart from the above technical ground, it has also been averred in the writ petition that the respondent Nagar Nigam is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account since November 2023. 13. Furthermore it has been submitted in the instruction that on change of the firm from a proprietorship firm to that of the partnership firm, the assets of the firm, its past experience, its past liabilities and other assets were specifically declared and recorded and as such only the status of the firm has changed with no substantive incorporation of a new firm. 14. Lastly, it has been submitted in the instruction that the respondent No.5 has regularly supplied the cattle food to the Nagar Nigam since January 2023 and the work conducted by the said firm is satisfactory with no allegation or complaint against the same firm. 15. In addition to the same the respondent No.5 has initially disclosed the financi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent No.5 had been supplying the same cattle food to Nagar Nigam, Jhansi and accordingly the allegations of the firm been inexperienced on the ground of its new GST registration or a recently obtained PAN is misconceived. 21. It is apparent from the record that on the inclusion of the partner in the firm, merely the status of the firm has changed from a proprietorship firm to that of a partnership firm whereas neither the substantive nature of work of the firm has been changed or modified nor it appears to us that any material alteration was made in that firm for the purpose of applying or for the purpose of grant of the tender in favour of the respondent No.5 firm. 22. Accordingly, the allegations of the petitioner are misconceived bei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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