Aggarwal Advertising Agency vs State Of Uttarakhand And Others
2023 Latest Caselaw 2644 UK

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL


             WRIT PETITION (M/B) NO. 242 OF 2023


                       11TH SEPTEMBER, 2023


Aggarwal Advertising Agency
and others                               ......          Petitioners


Versus


State of Uttarakhand and others          ......         Respondents



Counsel for the petitioners   :   Mr. Ganesh     Kandpal,   learned
                                  counsel
Counsel for the respondents   :   Mr. B.S. Parihar, learned Standing
                                  Counsel for the State / respondent
                                  No. 1

                              :   Mr. Rahul Verma, learned counsel
                                  for respondent No. 2

                              :   Mr. Akshay Pradhan, learned
                                  counsel for respondent No. 3


The Court made the following:


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




             The petitioners have preferred the present writ

petition seeking the following reliefs :


      "i)    Issue a writ, order or direction in the nature of
             certiorari to call for the record of the case and
                                   2




           quash the tender notice dated 28.07.2023, work
           order dated 18.08.2023 issue by respondent No. 2
           to respondent No. 3 contained as Annexure Nos. 4
           & 5 to the writ petition.

     ii)   Issue a writ, order or direction in the nature of
           mandamus        commanding               the     Zila    Parishad,
           Haridwar not to realize advertisement fees or tax
           from     the   petitioner        through        any     contractor;
           or     alternatively       to        permit     the     petitioners
           advertising      agencies              for     depositing       the
           advertisement      fee          or    tax      before    the   Zila
           Panchayat."




2)         The tender was a public tender. No objection

was raised by any of the bidders to the holding of the

public tender, which already stands awarded in favour of

respondent No. 3. Much after the said tendering process

is over, and the contract already stand awarded to

respondent No. 3, this writ petition has been preferred.


3)         Pertinently,     one        of       the      petitioners,     i.e.,

petitioner No. 6, was also a participant in the tendering

process, but remained unsuccessful.                      Other petitioners

did not raise any objection to the tender process on any

ground whatsoever.


4)         We are, therefore, not inclined to interfere in

this writ petition. The same is, accordingly, dismissed.
                               3




However, in case, the petitioners have any grievance

with regard to the working to the contract awarded to

respondent No. 3, it shall be open to the petitioners to

raise   all    such   grievances   in    separate   appropriate

proceedings.


5)            Interim relief application (IA No. 01 of 2023)

also stands disposed of.




                                          __________________
                                          VIPIN SANGHI, C.J.


                                        ________________
                                        RAKESH THAPLIYAL, J.

Dt: 11th SEPTEMBER, 2023 Negi