Uttarakhand High Court
WPMS/1199/2021 on 28 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 28th DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No.1199 of 2021
BETWEEN:
M/s B.K. Industries
.....Petitioner
(Mr. B.S. Koranga, Advocate)
AND:
State of Uttarakhand & Others
.....Respondents
(Mr. T.S. Phartiyal, Addl. C.S.C. for the State of
Uttarakhand/respondent and Mr. Navnish Negi, Advocate for
respondent no.3)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. Petitioner is a small scale industry.
According to the petitioner, small scale industry,
registered under the MSME Act, are entitled to
certain benefits, including preference in award of
contract by the State agencies. According to the
petitioner, those benefits are not being extended to
the petitioner. Therefore, petitioner has approached
this Court, seeking the following reliefs:-
i) To issue a writ, order or directions in the
nature of certiorari to quash the Tender (Bid
Document) notice dated 15.06.2021 issued by
respondent no.3 and direct the respondent
no.3 to publish a Fresh Tender Notice in
compliance Government order No. 261/VII-2-
14/143-Udyog/2003 dated 19.03.2014.
ii) To issue a writ, order or direction in the
nature of mandamus by directing and
commanding the respondent no.3 to allow the
petitioner in compliance of the Government
Order No.261/VII-2-14/143-Udyog/2003
dated 19.03.2014 (Annexure No.2) and to
provide all the necessary preferential benefits
to the petitioner as per the rules framed in
pursuance of the above stated Government
Order.
iii) To issue a writ, order or direction in the
nature of mandamus by directing and
commanding the respondent no.2 for
compliance of the rules framed vide the
Government Order dated 19.03.2014
(Annexure No.2) for all Municipal Corporations
and Nagar Palika Parishad in the State of
Uttarakhand.
iv) To issue a writ, order or direction in the
nature of mandamus by directing and
commanding the respondent no.2 to direct
the respondent no.3 to provide preferential
benefits to the petitioner in compliance of the
letter no.50/1408/2015 dated 07.04.2016.
3. After arguing for a while, learned counsel
for the petitioner submits that petitioner may be
permitted to make a representation to the
Executive Officer, Nagar Palika Parishad Bhowali,
District Nainital, who in turn, be directed to take
decision on petitioner's representation.
4. Shri Navnish Negi, learned counsel
appearing for respondent no.3 assures the Court
that if petitioner makes a representation, the same
shall be decided expeditiously.
5. In such view of the matter, writ petition is
disposed of with liberty to the petitioner to make
representation to the Executive Officer, Nagar
Palika Parishad, Bhowali-respondent no.3. If such
representation is made within two weeks from
today, the respondent no.3 shall examine the
matter and take appropriate decision in accordance
with law within six weeks thereafter.
(MANOJ KUMAR TIWARI, J.)
Rajni
