WPMS/713/2021
2021 Latest Caselaw 1088 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
       ON THE 23RD DAY OF MARCH, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 713 of 2021

BETWEEN:

Momin Ali and another.              ..........Petitioners
     (By Mr. T.A. Khan, Senior Advocate, assisted by Mohd.
     Hasnain Raza, Advocate)

AND:
State of Uttarakhand and others.        ....Respondents
     (Mr. S.S. Chauhan, Deputy Advocate General for the
     State of Uttarakhand)


                      JUDGMENT

By means of this writ petition, petitioners have sought following reliefs:

"I. To issue a writ order or direction in the nature of mandamus commanding the respondents to cancel the tender process and not issue any work order in favour of any body and cancel the work orders if the same have been issued, with regard to items mentioned in govt. order bearing no. 94/XVII-B- l/2021-l(02)2020 TC dated 21.01.2021 (Annexure No. 1), govt. order no. 86/ XVII-B1/2021-11(03)2020 TC dated 18.01.2021 (Annexure No. 2) and the govt. order no. 89/XVII-B-l/2021- 1/(03)2020 TC dated 18.01.2021 (Annexure No. 2).

II. To issue a writ order or direction in the nature of mandamus commanding the respondents to issue fresh tenders

for the items mentioned in annexure no. 1 to 3 to the writ petition, in two leading Hindi news papers circulated in the District of Dehradun and thereafter they may be directed to take fresh steps with regard to the fresh tender process."

2. According to the petitioners, respondents have awarded contract to certain individuals in violation of norms and also in disregard of the provisions contained in Uttarakhand Procurement Rules, however, in the writ petition, it is nowhere pleaded that contract, in respect of work in question, has been awarded to anybody.

3. In the absence of such pleading to indicate that contract has been actually awarded, this Court does not find any reason to interfere in the matter.

4. Accordingly, the writ petition is dismissed being premature, with liberty to petitioners to file fresh writ petition, as & when cause of action arises.

(MANOJ KUMAR TIWARI, J.) Arpan