WPMS/2787/2021
2021 Latest Caselaw 5352 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
      ON THE 27TH DAY OF DECEMBER, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2787 of 2021
BETWEEN:
M/s Shiva Associates                                         ...Petitioner
      (By Mr. I.D. Paliwal, Advocate)

AND:

State of Uttarakhand and others                          ...Respondents
      (By Mr. T.S. Phartiyal, Additional Chief Standing Counsel for State)


                              JUDGMENT

Petitioner was found to be the lowest bidder for the work of construction of Ghutugandhak Pani Motor Road in Doiwala constituency of District Dehradun (Km 11.50 to Km 16.00) and he was awarded the contract. Since his price bid was found to be abnormally low, therefore, respondents have required the petitioner to furnish additional performance security amounting to ` 66,67,809/-, in terms of Government Policy.

2.            It     is    the      contented         on      behalf         of
petitioner         that    condition        regarding           furnishing

additional performance security has been relaxed by the State Government vide Government Order dated 18.10.2021. Copy of the Government Order is on record as Annexure No. 6 to the writ petition.

3. Perusal of Government Order dated 18.10.2021 reveals that condition of deposit of additional performance security was relaxed only

in respect of reconstruction work undertaken by Public Works Department in Sri Badrinath and Sri Kedarnath shrines. The contract awarded to the petitioner is for constructing a road in District Dehradun and it has nothing to do with Sri Badrinath and Sri Kedarnath shrines, therefore, petitioner's case is not covered by Government Order dated 18.10.2021 and he is not entitled to any benefit of the said Government Order.

4. Learned counsel for the petitioner then submits that petitioner has already made a representation to respondent no.3 on 15.12.2021 and he prays that respondent no.3 be directed to take decision in the matter.

5. In such view of the matter, writ petition is disposed of with a direction to respondent no.3 to take decision on petitioner's representation, as early as possible, preferably within two weeks from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Shubham