WPMS/1286/2022
2022 Latest Caselaw 1797 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SHRI RAMESH CHANDRA KHULBE


              WRIT PETITION (M/S) NO. 1286 OF 2022

                              16th JUNE, 2022

 Between:

 M/s M.Y. Enterprises
 (through its sole proprietor Mohd. Yusuf)
                                       ......                      Petitioner

 And

 Uttarakhand Power Corporation Ltd.
 and others                                      ......          Respondents


Counsel for the petitioner           :   Mr. Ajay     Veer   Pundir,   learned
                                         counsel

Counsel for respondent Nos. 1 to 3 :     Mr. Dharmendra Barthwal, learned
                                         counsel




 Upon hearing the learned Counsel, the Court made
 the following

 JUDGMENT:       (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




        In this writ petition, the petitioner has prayed for

 issuance of a mandamus, and also writ of mandamus

 and certiorari, quashing the order in favour of the

 private respondent, and to produce the documents

 pertaining      to     Tender       No.     06/2022-23,          titled    as

 "replacement of damaged / rusted poles at different

 locations with new poles and installation of new poles in
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HT/LT    line   under    annual   O&M   head   under   EDSD

Ganeshpur under EDD Mohanpur".


2)          The main contention raised by Mr. Pundir, the

learned counsel for the petitioner in this case, is that

since the amount of tender is more than Rs. 2.5 lakhs, it

should     have   been    through   E-tender   as   per   the

Procurement Policy.


3)          We find that Annexure-1 is open tender notice

issued in the newspaper, and in pursuance thereof, the

petitioner as well as the private respondent submitted

their tenders. The petitioner's tender paper was rejected

on technical ground.      In other words, his technical bid

was rejected. Thereafter, the petitioner challenged the

process.


4)          Firstly, we are of the opinion that once a

tenderer participates in a tender / auction process and

becomes unsuccessful, then it is not open for it to

challenge the tender process. Secondly, the amount of

tender is around Rs. 7.5 lakhs, in this case. The

department has gone for an open tender, and keeping in

view the exigency of service to be rendered, i.e., change

of rusted and broken electric poles, we are not inclined

to interfere in the matter as cancellation of the tender or
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a stay order passed may cause harm to the life of man

and animal.


5)         In that view of the matter, we do not find any

merit in the writ petition. The writ petition stands

dismissed, accordingly.


           Interim relief application (IA No. 01 of 2022)

also stands disposed of.


                           ___________________________
                          SANJAYA KUMAR MISHRA, A.C.J.


                            ______________________
                            RAMESH CHANDRA KHULBE, J.

Dated: 16th JUNE, 2022 Negi