WPMS/1169/2021
2021 Latest Caselaw 2100 UK

 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.1169 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 Ms. Soniya Chawla, 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, there are certain benefits which are available to small scale industries as per the government policy, including preference in award of contract. Petitioner has placed reliance upon a Government Order dated 19.03.2016.

3. Ms. Soniya Chawla, learned counsel appearing for respondent no.3 submits that work order to the extent of 25% of the total work has already been placed with the petitioner by

extending him the benefit of government policy. She further submits that now petitioner wants 30% of the total annual procurement made by the Nagar Palika, which is not permissible without participating in the tender process. She further submits that small scale industries are also required to participate in the tender process and they cannot be issued work order directly, without submitting bid. She, however, submits that if petitioner makes a representation to the Executive Officer, then the same shall be considered in accordance with law.

4. In such view of the matter, writ petition is disposed of with liberty to the petitioner to make representation to the Executive Officer Nagar Panchayat Dineshpur - respondent no.3. If such representation is made within two weeks from today, the decision thereupon shall be taken by the respondent no.3 within six weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Rajni