AIR 2004 SUPREME COURT 3533 ::2004 AIR SCW 3399 ::(2004) 19 IndLD 249 ::2004 (11) SCC 485 ::(2004) 5 Scale 724 ::2004 (3) All WC 2383 ::(2004) 3 BankCas 311 ::2004 (1) CTLJ 527 ::2004 (3) GauLT 12 ::2004 (2) LRI 761 ::2004 (4) Supreme 407 ::2004 (4) SLT 193 ::2004 (6) ACE 105 ::(2004) 5 JT 107 (SC) ::ILR(ker) 2004 (11) SC 485

Supreme Court Of India

(From : Gauhati)

Hon'ble Judge(s): N. Santosh Hegde, B. P. Singh , JJ

(A) Constitution of India , Art.225— Rules of The Gauhati High Court (The High Courts of Assam, Nagaland, Meghalaya, Manipur and Tripura) At Gauhati , Chap.8 R.1— Writ appeal - Tenability - Tenders invited for leasing out Govt. weigh bridge - Respondent's tender accepted - Acceptance upheld by writ Court - Appellant who had not challenged the acceptance but who was higher bidder and otherwise qualified - Filing writ appeal - Intimation of acceptance of bid of respondent and rejection of bid of appellant not given to appellant - Appellant coming to know of rejection of his bid only after writ Court's decision - Writ appeal filed by appellant is maintainable - Appellant had every right to challenge rejection of his bid and acceptance of respondent's bid - Filing of another writ petition would only be an exercise in futility. (Para 15) (B) Constitution of India , Art.14, Art.162— Contractual matter - Fixation of value of tender - Entirely within the purview of executive - Courts have no role to play in this process except for striking down arbitrary action of executive - Tender for granting lease of Govt. weigh bridge - High Court setting aside acceptance of bid for predatory pricing - Holding on basis of report of Transport Deptt. that value of contract was far less - Authorities directed to....