WPMS/132/2023
2023 Latest Caselaw 1158 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  WRIT PETITION (M/S) NO. 120 OF 2023
                              27TH APRIL, 2023
BETWEEN:
Shoorveer Singh                                                 .....Petitioner.
And

State of Uttarakhand & others                                   ....Respondents.

With WRIT PETITION (M/S) NO. 131 OF 2023 BETWEEN:

Uttam Chand                                                     .....Petitioner.
And

State of Uttarakhand & others                                   ....Respondents.

                                             With
                  WRIT PETITION (M/S) NO. 132 OF 2023
BETWEEN:
Bishan Chand Panwar                                             .....Petitioner.
And

State of Uttarakhand & others                                   ....Respondents.

Counsel for the Petitioner(s)               :      Mr. B.M. Pingal, learned counsel.

Counsel for the State                       :      Mr.    B.S.  Parihar,     learned
                                                   Standing Counsel.

The Court made the following:

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

We have heard learned counsel for the petitioners

in these matters, as well as learned counsel for the

respondents.

2. The common set of facts in these petitions are that

the respondent-authorities invited tenders on 17.10.2022

(recorded in our order dated 11.01.2023, as 18.10.2022) for

carrying out repair works in the irrigation canals. The details

of the three of the works under the three tenders are the

following:-

सं योजना का नाम धरोहर िनिवदा प िनिवदा की काय पू ण िसिवल धनरािश का मू एवं वैधता अविध करने की काय की (लाख जीएसटी ( ) अविध वांिछत म) े णी

1. (जॉब सं.1) 0.60 3000+ 90 िदवस 06 माह उ राखं ड ितरिसयाडा नहर 18% जीएसटी िसचाई का पुनरो ार का िवभाग म डी काय एवं उ तर (रीच 0.00 िक. मी. े णी म से 3.600 िक मी) पंजीकृत

2. (जॉब सं.2) 0.66 3000+ 90 िदवस 06 माह उ राखं ड आगरकोटी नहर 18% जीएसटी िसचाई का पुनरो ार का िवभाग म डी काय एवं उ तर (रीच 0.00 िक. मी. े णी म से 2.600 िक मी) पंजीकृत

3. (जॉब सं.3) 0.62 3000+ 90 िदवस 06 माह उ राखं ड िनवालगां व दोवी 18% जीएसटी िसचाई नहर का पुनरो ार िवभाग म डी का काय एवं उ तर (रीच 0.00 िक. मी. े णी म से 7.600 िक मी) पंजीकृत

3. The writ petitioners along with other bidders

participated in the tendering process. The tender opening

process in all these tenders was fixed on 16.11.2022. The

Executive Engineer issued a notice, which was displayed on

the notice board, to state that the tenders have been opened,

but due to technical issues and slow speed of internet, the

downloading of the tenders was taking time. It was informed

through the said notice, that the action in relation to the

tenders would be taken on 23rd and 24th November, 2022.

This notice was put up by the Executive Engineer on the

notice board on 18.11.2022.

4. It appears that in respect of each of these tenders,

a majority of bidders participated after having noticed the

notice put up by the Executive Engineer on the notice board.

In respect of the three works, there were 19 bidders, of

whom 13 participated in the tenders opening process. Of the

remaining 06 bidders, some claimed that they were not put to

notice about the postponement of the date of opening of the

tenders, and about their scrutiny, and that, therefore, they

could not participate in the tenders opening process when the

scrutiny of the bids was held on 23rd and 24th November,

2022. Consequently, some of them made complaints alleging

irregularity in the opening of the tenders. The said complaints

were made to the District Magistrate concerned.

5. It appears that the District Magistrate, being

unaware of the fact that, in the meantime, petitioners having

been found to be technically qualified; the lowest bidders in

respect of the three works, in question; who had already

been awarded the works, directed cancellation of the tenders

vide his order dated 23.12.2022. Without any show-cause

notice to the petitioners, the works awarded to them were

cancelled by the Executive Engineer. Consequently, they have

preferred these writ petitions.

6. From the aforesaid facts and circumstances, it

emerges that there was substantial compliance by the

respondents in the matter of processing of tenders,

inasmuch, as the notice was put up on the notice board

intimating reasons for the tenders not being opened and

processed on the date fixed, i.e. 16.11.2022, and the process

being adjourned to 23rd and 24th November, 2022. Since the

majority of the bidders were aware of the change and did

participate in the tenders opening process, which was held on

23rd and 24th November, 2022, it cannot be said that there

was lack of transparency in the tenders opening process.

7. Pertinently, it was not the case of the

complainants, and even before us, it is not stated that the

petitioners were not the respective lowest bidders in respect

of the three works. No infirmity in their technical bids has

been highlighted by the respondents. In these circumstances,

we are of the view that the cancellation of the petitioners'

award of works/ contracts, without putting them to notice,

was completely unjustified.

8. Accordingly, we quash the Office Memorandum

dated 09.12.2022 and the fresh advertisement dated

25.12.2022 issued by the respondents to re-advertise the

works.

9. Since the petitioners were adjudged as the lowest

bidders and issued work orders, which have not been

cancelled, it goes without saying that they shall be entitled to

enforce their rights under the said Contract.

10. The writ petitions stand disposed of in the aforesaid

terms.

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

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 27th April, 2023 NISHANT