WPMS/1715/2022
2022 Latest Caselaw 2274 UK

             IN THE HIGH COURT OF UTTARAKHAND

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

               WRIT PETITION (M/S) NO. 1715 OF 2022

                               25TH JULY, 2022

BETWEEN:

M/s Falcon Security & Multipurpose Services through its Sole
Proprietor
                                                                   .....Petitioner.
And

Secretary, Department of Urban Development & others

                                                               ....Respondents.

Counsel for the Petitioner : Mr. Navnish Negi, learned counsel.

Counsel for the Respondent nos.1 & 2 : Mr. B.S. Parihar, learned Standing Counsel.

Counsel for the Respondent no.3 : Mr. Bhuwan Bhatt, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsels appear and accept

notice on behalf of the respondents.

2. The grievance raised by the petitioner in the

present writ petition is that the respondent no.3 invited online

tender for the purpose of collecting entry fees, maintenance

of Company Garden, and for managing the swings in

Company Garden. The last date and time for submission of

the bids was stipulated as 18.07.2022 till 05:00 PM. The last

date and time for downloading the tender form was also

18.07.2022 till 02:00 PM.

3. The grievance of the petition is that, even though,

the bid submission time was still 05:00 PM, on 18.07.2022,

the respondents closed the portal at 02:00 PM itself. For this

purpose the petitioner has placed on record, the printout of

the e-Procurement System of the Government of Uttarakhand

in relation to the tender in question, taken at 04:06 PM on

the same day, which states that the bid submission end date

and time was 18.07.2022 till 02:00 PM.

4. On advanced notice, learned counsels for the

respondents have put their appearance. Learned counsel for

respondent no.3 states that the anomaly, pointed out by the

petitioner, has been brought on their notice upon receiving a

copy of the writ petition. On instructions, he states that the

respondent no.3 shall issue a corrigendum, and specifically

put all those persons who have procured the e-tender form

till 02:00 PM on 18.07.2022, and who have not submitted

their e-bids, with regard to the extension of time for

submission of the bids by twenty-four hours.

5. Let the respondents issue the said corrigendum so

that all persons who have downloaded the e-tender form and

have not submitted their e-bids, have notice that they have

time to submit their bids within twenty-four hours.

6. With the aforesaid directions, the writ petition

stands disposed of.

7. Pending application, if any, also stands disposed of.

8. Urgent certified copy of this order be issued to the

learned counsel for the parties during the course of the day,

as per Rules.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 25th July, 2022 NISHANT