WPMS/1587/2022
2022 Latest Caselaw 2094 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE


                               12TH JULY, 2022

       WRIT PETITION (M/S) No. 1587 OF 2022

Between:

Mahila Jagriti Swayam Sahayata Samooh and another.

                                                               ...Petitioners
and

State of Uttarakhand and others.
                                                           ...Respondents

Counsel for the petitioners.         :   Mr. Rahul Consul, the learned counsel.

Counsel for the respondent nos. 1,   :   Mr. S.S. Chauhan, the learned Deputy
2 and 4.                                 Advocate General for the State of
                                         Uttarakhand.

Counsel for the respondent no. 3.    :   Ms. Monika Pant, the learned Standing
                                         Counsel for the Union of India.


JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              By filing this Writ Petition, the petitioners

assails the tender notice/ document No. C-694/Ji. Ka.

Adhi. / T.H.R./ 2021-22 dated 28.09.2021 for inviting

bids from registered Women Self Help Groups (SHG) for

distribution of take home ration to Aaganbadi Centers in

District Dehradun under the National Rural/ Urban

Livelihood Mission.
 2.         The petitioners seek quashing of actions taken

in pursuance of the said tender.          The petitioners also

seek a direction to the respondents to supply take home

ration/ micronutrient fortified energy dense food to

Aaganbadi Centers in the State of Uttarakhand, through

local   Self   Help   Groups/       Mahila   Mandals/     Village

Communities registered in the State of Uttarakhand

only, statedly as per the directions issued by the

Supreme Court and the Government of India.



3.         The   case   of   the     petitioners   is   that   the

aforesaid tender is in breach of the directions issued by

the Supreme Court and the Government of India.

However, in response to a query by the Court, the

learned counsel for the petitioners states that the tender

process has already completed, and the tender stands

awarded to certain local Self Help Groups.



4.         The learned counsel for the respondents, who

appears on advance notice, states that 18 Self Help

Groups of women have been awarded contracts, who are

working the same.       It is argued that the present Writ

Petition is barred by delay and laches.            In case, the

petitioners had any grievance with the terms and


                                2
 conditions of the tender, it was for the petitioners to

approach the Court before the tender had been awarded

to the successful bidders.



5.          Since rights have accrued in favour of the

bidders, to whom contracts have been awarded, and

they are working the same, we are not inclined to

entertain the present Writ Petition at this stage.     The

said successful bidders, who have been awarded the

contract, are not even arrayed as respondents.



6.          We, therefore, dismiss this Writ Petition for

the aforesaid reasons, while leaving it open to the

petitioners to pursue such other remedy, as may be

available in law.



7.         In sequel thereto, all pending applications also

stand disposed of.



                                   ________________
                                    VIPIN SANGHI, C.J.


                                        _____________
                                         R.C. KHULBE, J.

Dt: 12th July, 2022 Rahul