WPMS/2700/2021
2021 Latest Caselaw 5299 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 22ND DAY OF DECEMBER, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2700 of 2021

BETWEEN:

M/s Agarwal Brothers.                            .....Petitioner
      (By Mr. Pankaj Chaturvedi, Advocate)


AND:
State of Uttarakhand & another.              ......Respondents
      (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
      Uttarakhand)


                        JUDGMENT

Petitioner is a Contractor registered with Border Road Organization in S-Class. He is aggrieved by the order dated 07.12.2021 passed by respondent no .2, whereby he has been declared to be ineligible for participating in the bidding process.

2. The ground on which petitioner is held ineligible is that his tendering limit as per registration with Border Road Organization is ` 15 Crores only; while, the estimated cost of construction is ` 25 Crores.

3. Learned counsel for the petitioner submits that, in the past, petitioner has been awarded contract worth ` 32 Crores by State Public Works

Department, therefore, he cannot be held to be ineligible now.

4. Per contra, learned Additional C.S.C. has referred to one document, which is on record as Annexure No. 5 to the writ petition, wherein tendering limit of petitioner has been mentioned as ` 15 Crores.

5. Without entering into the merits of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make representation to Superintending Engineer (respondent no.2), who may take decision thereupon at the earliest.

6. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Superintending Engineer (respondent no.2), within 48 hours. If such representation is made within stipulated time, respondent no. 2 shall look into the matter and take appropriate decision thereupon, in accordance with law, within a period of ten days from the date of receipt of representation alongwith certified copy of this order.

7. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Arpan