WPMS/264/2021
2021 Latest Caselaw 445 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 24TH DAY OF FEBRUARY, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 264 of 2021


 BETWEEN:

 Attar Singh and others.                         ....Petitioners
       (By Mr. Prashant Khanna, Advocate)


 AND:

 State of Uttarakhand and others.              ...Respondents

       (By Mr. Pradeep Hariya, Standing Counsel for the State
       of Uttarakhand)


                         JUDGMENT

Petitioners are Contractors registered with State Public Works Department. According to them, they had submitted bid pursuant to a tender notice issued by Executive Engineer, Temporary Division, P.W.D., Chakrata for hill cutting work and also for construction of retaining wall.

2. It transpires that the said work was subsequently transferred to Zila Panchayat, Dehradun, as is revealed from Annexure No. 6 to the writ petition, which is a communication dated 23.01.2021 issued by Executive Engineer, Temporary Division, P.W.D., Chakrata to his counterparts in Chakrata/Sahiya/ Rishikesh divisions.

3. By means of this writ petition, petitioners have challenged the said communication dated 23.01.2021, on the ground that since petitioners have submitted their bid, therefore, work cannot be transferred from P.W.D. to Zila Panchayat.

4. This Court does not find any force in the contention raised on behalf of the petitioners. It is for the Government to decide which work has to be done by which executing agency, moreso, when the contract has not been awarded to any bidder, including petitioners. Therefore, the challenge thrown to the aforesaid communication is without any substance.

5. The second relief claimed in the writ petition also cannot be granted, as now the work has to be executed by Zila Panchayat and not by P.W.D., therefore, no direction can be issued to Public Works Department to consider the bid submitted by the petitioners.

6. In such view of the matter, there is no scope for interference in the matter.

7. Accordingly, the Writ Petition fails and is dismissed. However, it shall be open to the petitioners to submit their bid as & when tender notice is issued by Zila Panchayat, Dehradun in respect of aforesaid work, subject to fulfillment of conditions of eligibility.

(MANOJ KUMAR TIWARI, J.) Arpan