M/S Scpl Gppl Jv v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.22795 of 2025 (O&M) Date of Decision: 08.08.2025 M/s SCPL-GPPL JV .....Petitioner.

Versus

State of Punjab and others .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mrs. Gursharan K. Mann, Senior Advocate with Ms. Armaandeep K. Sidhu, Advocate and Mr. Sanjeev K. Sharma, Advocate for the petitioner.

Mr. R.S. Pandher, Addl. A.G, Punjab.

LISA GILL, J.(Oral) CM No.11292 of 2025 1.

For the reasons mentioned in the application as well as arguments addressed, leave to file and pursue this writ petition without registration as Advocate on Roll, is granted, subject to just exceptions. 2.

Application is, accordingly, disposed of.

CWP No.22795 of 2025 1.

Prayer in this writ petition is for quashing Tender Cancellation Notice and Corrigendum dated 21.07.2025 (Annexures P-5 and P-6 respectively) whereby tender in question is stated to have been cancelled

CWP No.22795 of 2025 (O&M) -2without assigning any valid reason and before opening the technical bid. Prayer for quashing Fresh Tender Notice Reference No.22 dated 22.07.2025 (Annexure P-10) has also been made with a further prayer for issuance of a direction to respondents to proceed further with Tender Notice Reference No.08 dated 24.02.2025 (Annexure P-3). 2.

It is the case of petitioner, that tender in question has been cancelled in an illegal and arbitrary manner only with the observation that it is cancelled due to all bids being rejected in technical evaluation. Reference is made to notice dated 21.07.2025. It is submitted that specific reason for finding the petitioner non-responsive has not been conveyed to the petitioner.

3.

Learned counsel for respondents (on advance notice) and written communication dated 07.08.2025 received by him from Executive Engineer, Pb. W/S & Sew., Divn. No.2, Patiala, submits that as per instructions issued to bidders in the Bid Data-Sheet, minimum required turnover of the bidder had to be Rs.349.14 lakhs whereas turnover of petitioner was Rs.316.53 lakhs. He further submits that only two bidders had come forward, pursuant to tender notice dated 24.02.2025 and in terms of Rule 21 (6) of the Punjab Transparency in Public Procurement Rules, 2022, the number of bidders qualifying in technical evaluation shall not be less than two. Therefore, cancellation of the tender is in order and no cause of action arises to petitioner.

4.

Faced with the above, learned Senior counsel for the petitioner submits that there has been no formal communication of the reason for

CWP No.22795 of 2025 (O&M) -3rejection of the bid. 5.

Learned counsel for the State while reiterating that petitioner was well aware of its ineligibility, submits that necessary communication shall be carried out today itself on the registered e-mail ID of petitioner. 6.

In view of the facts and circumstances as above, no ground for interference in exercise of jurisdiction under Article 226 of the Constitution of India is made out at this stage.

7.

Writ petition is accordingly dismissed.

8.

Pending application(s), if any, is/are, disposed of. (LISA GILL) JUDGE (MEENAKSHI I. MEHTA) August 08, 2025 JUDGE Yag Dutt Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No