WPMS/261/2022
2022 Latest Caselaw 251 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 15TH DAY OF FEBRUARY, 2022
                        BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 261 of 2022
BETWEEN:

M/s Kailash Hillways Engineering
Associate                                ... Petitioner
     (By Mr. M.S. Bisht, Advocate)

AND:

Tehri Hydro Development Corporation
& others                         ... Respondents

     (By Mr. Sobhit Saharia, Advocate)


                       JUDGMENT

1. Heard learned counsel for the parties through video conferencing.

2. Petitioner is aggrieved by order dated 19.01.2022 passed by Tehri Hydro Development Corporation (in short 'THDC'), whereby his technical bid has been declared to be non-responsive.

3. Learned counsel for the petitioner submits that petitioner has made a representation to the Competent Authority in THDC on 21.01.2022, wherein he has highlighted that another bidder, namely, M/s Shivangi Associate & Technocrats whose bid has been considered, also does not meet the requirement of the tender notice. He, therefore, submits that writ petition may be disposed of with a direction to the Competent

Authority to take decision on petitioner's representation at the earliest.

4. Mr. Sobhit Saharia, learned counsel for THDC assures the Court that decision on petitioner's representation shall be taken positively within two weeks, if already not taken.

5. In such view of the matter, the writ petition is disposed of with a direction to the Competent Authority in THDC to take decision on petitioner's representation dated 21.01.2022 (Annexure No. 5 to the writ petition) as early as possible, but not later than two weeks from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) Aswal