Gulvez Khan vs State Of Uttarakhand & Another
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Uttarakhand High Court

Gulvez Khan vs State Of Uttarakhand & Another on 23 April, 2024

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
      THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
                        AND
      THE HON'BLE JUSTICE SRI RAKESH THAPLIYAL

                         23rd April, 2024
         Writ Petition (M/B) No.262 of 2023

Gulvez Khan                                          .....petitioner

                              Versus

State of Uttarakhand & another                    ........Respondents


Counsel for the petitioner    :   Mr. Harshvardhan Dhanik, learned
                                  counsel.
Counsel for the respondent
                                  Mrs. Mamta Bisht, learned DAG.
no.1/State


Counsel for the respondent        Mr. Rajendra Dobhal, learned senior
no.2                              counsel assisted by Mr. Shubhang
                                  Dobhal, learned counsel.



Judgment: (per Ms. Ritu Bahri, C.J.)
        As per the order dated 09.10.2023, this Court
had observed that as per the counter affidavit filed by
the respondent no.2, which was unsatisfactory, the
reason of cancellation of the tendering process, after
opening of the financial bids, the petitioner had emerged
as H1 bidder and there was a disclosure of the valuation
report sent by the Divisional Forest Officer, Tarai Center
Forest    Division,     Rudrapur,     before    starting    of    the
tendering process.




2.           In this backdrop, it was further observed that
why the respondents proceeded to open financial bids, if
                                        2




this leak has been detected prior to the opening of the
tender    bid,    and     directions          were   given   to    file   a
supplementary affidavit.




3.          Supplementary counter affidavit has been filed
on     29.10.2023.            In      paragraph      no.5,    of      this
supplementary counter affidavit, it was stated that
valuation report sent by the Divisional Forest Officer,
Tarai Central Forest Division, Rudrapur, was opened by
Ex. Chief General Manager Farm, Dr. Dhananjay Kumar
Singh, inadvertently on 24.09.2022, and he marked the
valuation report to Joint Director Farm on the same
date, and because of this impact due to the leakage of
the valuation report have caused possibility of low bid
rate, so it was decided to cancel the entire bid process.




4.          Since supplementary counter affidavit has now
been filed, no further directions are required to be given.


5.          The        writ        petition    stands    disposed         of
accordingly.




                                           ___________________________
                                                      Ritu Bahri, CJ.


                                           ___________________________
                                                 Rakesh Thapliyal, J.

Dt: 23rd April, 2024 NR/