WPMS/1036/2021
2021 Latest Caselaw 2242 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 5th DAY OF JULY, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No.1036 of 2021

BETWEEN:
  Jagdish Chand Gupta                                   .....Petitioner
       (Mr. P.R. Mullick, Advocate)

AND:

     State of Uttarakhand & Anr.                     .....Respondents

       (Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhand)


                             JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner submitted bid pursuant to notice inviting tender issued by respondent no.2. Petitioner's technical bid was however, rejected, on certain grounds. Feeling aggrieved by rejection of his bid, petitioner has filed this writ petition.

3. During the course of arguments, learned counsel appearing for petitioner submitted that only 03 bids were received in response to the tender notice, out of which 02 were rejected, therefore, only one bidder remained in the fray. He submits that as per the Uttarakhand Government Procurement Rules, in such a case, tenders have to be invited afresh.

4. Shri P.R. Mullick, learned counsel appearing for the petitioner, after arguing for a while, submits that he is not pressing relief no.1 as claimed in the writ petition and he confines his prayer only to issue a direction to respondent no.2 to take decision on petitioner's representation.

5. In such view of the matter, writ petition is disposed of with liberty to the petitioner to make a representation to respondent no.2. If such representation is made within a week, decision thereupon shall be taken, as early as possible, but not later than six weeks from the date of receipt of representation along with certified copy of this order.

6. Let certified copy of this order be issued to the parties within 24 hours.

(MANOJ KUMAR TIWARI, J.) Rajni