WPMS/216/2021
2021 Latest Caselaw 5215 UK

     IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
       ON THE 17TH DAY OF DECEMBER, 2021
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (M/S) No. 216 of 2021

BETWEEN:
Kuldeep Singh Butola.                                      .....Petitioner
     (By Mr. S.R.S. Gill, Advocate)

AND:

Garhwal Mandal Vikas Nigam Ltd. & others. ....Respondents
     (By Mr. Sandeep Kothari, Advocate for respondent nos. 1 & 2 and Mr. Rajeev
     Singh Bisht, Advocate for respondent no. 3)


                             JUDGMENT

Petitioner and respondent no. 3 had submitted bids for allotment of mining lots, pursuant to Notice Inviting Tender, issued by Garhwal Mandal Vikas Nigam Ltd. The bid of the petitioner was found to be the fourth highest, while, bid of respondent no. 3 was found to be the third highest, in terms of price.

2. Since the highest bidder and the second highest bidder could not deposit the requisite amount as per the conditions of the tender document within stipulated time, therefore, the work was allotted to respondent no. 3.

3. Petitioner has challenged declaration of respondent no. 3 as successful bidder, on the ground that respondent no. 3 has not submitted No Dues Certificate from Director, Mining Department.

4. Learned counsels appearing for respondents have apprised the Court that petitioner had approached the Secretary, Industrial Development Department, by making a representation, in which, it was highlighted that respondent no. 3 is not eligible to be allotted the work on the ground that he had not produced No Dues Certificate from the Director. They have further apprised the Court that representation made by the petitioner was allowed by Secretary, Industrial Development Department and the work order issued to respondent no. 3 was cancelled and respondent no. 3 subsequently filed a writ petition, challenging the cancellation order passed by Secretary Industrial Development Department.

5. Since the issue raised by petitioner in this writ petition was considered and decided by Secretary, Industrial Development Department and the order passed by Secretary is under challenge in Writ Petition (M/S) No. 2676 of 2021, therefore, no useful purpose would be served, by keeping this writ petition pending.

6. Accordingly, the writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Navin