WPMS/209/2022
2022 Latest Caselaw 262 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
        ON THE 16TH DAY OF FEBRUARY, 2022
                           BEFORE:
        HON'BLE SHRI JUSTICE MANOJ K. TIWARI

        Writ Petition (M/S) No. 209 of 2022
BETWEEN:
M/s Kumar Infratech U.S. Nagar
& others                                 ... Petitioners
        (By Mr. M.K. Goyal, Advocate)

AND:
State of Uttarakhand & others            ... Respondents

        (By Mr. S.S. Chauhan, learned Deputy Advocate General
        for the State and Mr. Shobhit Saharia, learned counsel
        for respondent no. 5)


                        JUDGMENT

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

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

i. to issue a writ, order or direction in the nature of mandamus, directing respondents no. 6 and 7 to stop/restrain respondent no. 2 to 5 from illegally carrying out/executing the work of widening and strengthening of Nagla-Kiccha State Highway SH-44 (Two lane paved Shoulder) Km. 0.0000 to 17.700.

ii. to issue a writ, order or direction in the nature of mandamus directing respondents no. 1 to 5 to abide by the order dated 13.01.2022, passed on the interim relief application I.A. No. 1 of 2022, in Writ Petition (WPMS) No. 82 of 2022, M/S Kumar Infratech and others Versus State of Uttarakhand and others.

iii. to issue a writ, order or direction in the nature of mandamus, directing respondents no. 1 to 4 and 6

not to release any amount in favour of respondent no. 5, against the illegal widening and strengthening of Nagla-Kiccha State Highway SH-44 (Two lane paved Shoulder) Mm. 0.0000 to 17.700.

iv. to issue a writ, order or direction in the nature of mandamus directing respondents no. 6 to conduct enquiry in the matter of illegal widening and strengthening of Nagla-Kiccha State Highway SH-44 (Two lane paved Shoulder) Km. 0.0000 to 17.700 and to take necessary action against respondents no. 2 to 5 for their illegal acts.

3. Petitioner no. 1 responded to a notice inviting tender issued by State Public Works Department. Petitioner nos. 2 to 5 are partners in petitioner no. 1 firm. Bid submitted by petitioner no. 1 was declared to be technically non-responsive against which he had earlier filed WPMS No. 82 of 2022.

4. A coordinate Bench of this Court on 13.01.2022 had passed an interim order in favour of petitioners restraining the official respondents from allotting contract in favour of the successful bidder. It is alleged that despite interim order, official respondents have permitted the successful bidder to carry on the work of construction of road.

5. Thus, in sum and substance, this is a case of violation of order of this Court and for such violation, fresh writ petition would not be maintainable and the remedy lies elsewhere. Petitioner may also file appropriate application in the pending writ petition.

6. Be that as it may, since Writ Petition (WPMS No. 82 of 2022) is pending before this Court, in which, State and the successful bidder have filed separate counter affidavits, therefore, present writ petition, for the reliefs as claimed, cannot be entertained.

6. Accordingly, writ petition is dismissed.

7. Let certified copy of this order be supplied to the petitioner within 24 hours, on payment of usual charges.

(Manoj Kumar Tiwari, J.) Aswal