O.P. Mehta vs Mohinder Kalta

O.P. Mehta vs Mohinder Kalta on 23 September, 2026 Author: Dipankar Datta Bench: Dipankar Datta 2026 INSC 1037 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.12968 OF 2026 (@ SLP (C) NO.2036 OF 2025) O.P. MEHTA ...APPELLANT VERSUS MOHINDER KALTA & ORS. …RESPONDENTS WITH CIVIL APPEAL NO.12969 OF 2026 JUDGMENT SHEEL NAGU, J. 1. These appeals assail the Division Bench decision of the High Court of Himachal Pradesh, Shimla, rendered in a PIL bearing CWPIL No.30 of 2024 on 24.12.2024, whereby the PIL was allowed by quashing the award of work in favour of respondent Signature Not Verified Digitally signed by rashmi dhyani pant Date: 2026.09.23 No.5 therein (appellant herein) and directing the 16:59:49 IST Reason: official respondents to re-tender the remaining work of Page 1 of 6 upgradation of Matiana, Mahori to Chhaila road, Km. 0/00 to 25/650 under PMGSY package No. HP-09-694 within one month from the date of the judgment. 2. The aspect which glares in the face in present case is as to whether the issue of validity of a tender, where comparative claims of competing tenderers are to be adjudged, can be raised as subject matter of challenge in a PIL? 2.1. We have our reservations since the grounds raised in the PIL before the High Court of Himachal Pradesh, Shimla pre-dominantly dealt with, inter-se comparative assessment between the two bidders whose bids had been received including respondent No.5 therein (appellant herein). 2.2. Moreso even the cost of work (Rs. 23 crores)…