WPMS/339/2022
2022 Latest Caselaw 445 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
   ON THE 25TH DAY OF FEBRUARY, 2022
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     Writ Petition (M/S) No. 339 of 2022


BETWEEN:
S.S. Medical Systems (India) Pvt. Ltd. ..Petitioner
     (By Ms. Menka Tripathi, Advocate)


AND:
State of Uttarakhand & others.            ...Respondents
     (By Mr. Suyash Pant, Standing Counsel for the State of
     Uttarakhand)



                       JUDGMENT

Petitioner participated in a tender process. His bid was declared to be technically non-responsive; while, respondent nos. 4 & 5 were found to be technically responsive. Thus, feeling aggrieved, petitioner has filed this writ petition, seeking following reliefs:

"(a) A writ, order or direction in the nature of certiorari quashing the order/action by which the petitioner has been disqualified in the

to the writ petition, after summoning the same from the respondent department.

(b) A writ, order or direction in the nature of mandamus directing the respondent no. 1 to qualify the petitioner in the technical evaluation bid after verification of the documents submitted by the petitioner along with the Bid Document;

(c) A writ, order or direction in the nature of mandamus directing the respondent no. 1 to disqualify and reject the technical bid of the respondent no. 4 and respondent no. 5, which is in violation of clause 5.1.4(viii), Chapter 5 of GFR manual for Procurement of Goods 2017."

2. Mr. Suyash Pant, learned Standing Counsel appearing for the State submits that the Competent Authority has taken a decision to cancel the tender process and fresh Notice Inviting Tender would be issued shortly. In support of his submission, Mr. Pant has produced in Court a communication dated 24.02.2022, received by him from the office of Principal, Govt. Doon Medical College, Dehradun, which is taken on record.

3. Since the tender process itself has been cancelled, therefore, the reliefs, as claimed in the writ petition do not survive.

4. Accordingly, the writ petition is dismissed as infructuous with liberty to petitioner to approach this Court, as and when the cause of action arises.

(MANOJ KUMAR TIWARI, J.) Navin