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Supreme Court of India 2019-08-28 allowed

M/S N RAMACHANDRA REDDY vs THE STATE OF TELANGANA

Bench: 3 — Rohinton Fali Nariman, R. Subhash Reddy, Surya Kant

In Brief

A road construction tender was awarded to the appellant based on a Hot Mix Plant located 98.1 km from the worksite, within the required 100 km limit. The unsuccessful bidder challenged the award, claiming the Chief Engineer wrongly sought a re-verification report from an independent engineer (outside the jurisdictional circle) when the original report showed conflicting distances. The High Court Division Bench allowed the challenge; the Supreme Court reversed it. The Court held that absent prescribed complaint procedures, authorities may fairly adopt independent verification to resolve bid eligibility disputes. Judicial review of tenders is limited to procedural fairness and decision-making process, not the merits.

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Administrative Law Government Contracts Tender Process Judicial Review Civil Procedure Public Law

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