Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | matter relating to contracts Scope of judicial review Tender for construction of road |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tender: Tender for construction of road – As per tender condition ‘Batch Type Hot Mix Plant’ owned by the bidder was required to be located within a distance of 100 kilometers from the last point of working reach – Letter of intent issued to the appellant – Complaint by another bidder (respondent No.4) disputing the correctness of distance in the case of the appellant – In verification report Superintending Engineer found the actual distance at 101.50 km. and from alternate route found the distance at 99.90 km. – Finding in the report again questioned by respondent No. 4 – By another verification report by another Superintending Engineer of another jurisdiction, the distance was found as 98.1 km. – Tender finalized in favour of appellant – Writ petition – Single Judge of High court dismissed the petition – In writ appeal Division Bench of High Court allowing the appeal found fault with the report of the superintending Engineer in giving distance particulars from the alternate route and found that subsequent report not being of jurisdictional engineer could not have been relied upon – Appeal to Supreme Court – Held: There is nothing wrong in the first report, mentioning the distance from alternate route – In the absence of any prescribed procedure for verification, it was fair to call for report from an independent Superintending Engineer of different jurisdiction – The procedure adopted by tendering authority is fair, just and reasonable. Judicial Review: Scope of judicial review – In matter relating to contracts and tenders – Held: In matter relating to contracts/tenders, courts cannot sit as appellate court while exercising power of judicial review – Such power is called for only if the approach is arbitrary or mala fide or procedure adopted is meant to favour someone.Letters Patent: Intra-court appeal – Power of court – Scope of – Held: Appellate Bench not to disturb the finding of Single Judge unless such finding is concluded as perverse. Constitution of India: Art. 136 – Jurisdiction under – Nature of – Held: Jurisdiction u/Art. 136 is corrective jurisdiction to settle the law. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2019 INSC 970 |
Petitioner | M/s N Ramachandra Reddy |
Respondent | The State Of Telangana & Ors |
SCR | [2019] 11 S.C.R. 792 |
Judgement Date | 2019-08-28 |
Case Number | 6673 |
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