Hon'ble Saurabh Lavania,J.
Heard Shri Prashant Chandra, learned Senior Advocate assisted by Shri Gantavya Chandra, learned counsel for petitioner.
Learned counsel for opposite parties including Shri Sireesh Kumar, Advocate have also been heard.
This is a writ petition by Pandrol Rahee Technology India Private Ltd. having its registered office at Calcutta, West Bengal. Prayer in the writ petition is for issuance of a writ, order or direction in the nature of mandamus against respondent no. 1 commanding it to take appropriate steps to withdraw the letters dated 17.03.2021 and 24.03.2021 issued by respondent no. 2 to respondent no. 6 rejecting the technical proposal submitted by the petitioner as regards certain fastening system proposed to be supplied by the petitioner for Ballasted/Ballastless Track in the Kanpur- Agra Metro Rail Project, being undertaken by respondent no. 1. Second prayer is for issuance of no-objection certificates for the technical proposals of the petitioner's fastening system.
It is an admitted factual position as was accepted on the query of the Court by the learned counsel for petitioner that the contract has already been awarded. Inspite of it, there is no relief sought assuming for a moment that it could be done in a writ petition, for quashing the said contract.
Be that as it may, it is an admitted factual position that the petitioner itself did not bid for the contract in question. In fact it is the opposite party no. 6 which submitted the bid and the opposite party no. 6 in its bid had mentioned about using the fastening system prepared by the petitioner, therefore, the petitioner is not the bidder of the tender process in question. The opposite party no. 6 if it had a grievance could have come to Court raising the same, but, it is not acceptable that the petitioner, who is not a bidder in the tender process, has approached this Court under Article 226 of the Constitution of India. Merely because some fastening system of the petitioner which the opposite party no. 6 proposed to use for carrying on the project which was the subject matter of the tender notice by itself will not give locus to the petitioner to maintain this writ petition to challenge the tender process, even though, in a round about manner without seeking a writ of certiorari but by seeking a writ of mandamus as already noticed hereinabove. For this reason, this Court is not inclined to entertain this writ petition.
We accordingly dismiss this writ petition.
Order Date :- 17.5.2021 R.K.P.