Citation : 2025 Latest Caselaw 1401 UK
Judgement Date : 30 July, 2025
2025:UHC:6644-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. ALOK MAHRA
Writ Petition (M/B) No. 605 of 2025
30th July, 2025
SIDCUL Solution Network and Another
...........Petitioner
Versus
Nagar Panchayat Bhikiyasain and Another
.......Respondents
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Presence:-
Mr. D.S. Patni, learned Senior Counsel assisted by Mr.
Dharmendra Barthwal, learned counsel for petitioners.
Ms. Sukhwani Singh, learned counsel for respondents.
----------------------------------------------------------------------
JUDGMENT :
(per Mr. G. Narendar C. J.) Heard learned senior counsel for the
petitioners and learned counsel for Nagar
Panchayat.
2. The petitioner is calling in question the
following communication:
"Subject: Regarding work order for door-to- door garbage collection and solid waste management work in Nagar Panchayat, Bhikiyasain.
In relation to the above subject, this office had invited GEM tender- GEM/2025/B/6276364 for door-to-door garbage collection, disposal and user charge collection and for overall cleanliness system under Swachh Bharat Mission in accordance with Urban Solid Waste Management Rules- 2016 in the area of Nagar Panchayat
2025:UHC:6644-DB Bhikiyasain. Your financial bid was the lowest among the received bids and hence has been accepted by the constituted committee. Presently, in the said tender for door-to-door garbage collection and solid waste management work in Nagar Panchayat Bhikiyasain, the process of examining the tender along with all the files is underway at the level of higher officials.
Therefore, in continuation of the above, you are directed that after completion of testing in the said case, a separate order/work order will be issued to you to start the said work."
3. A bare reading of the latter part of the
above paragraph would reveal that the file has
been summoned by the higher-ups for verification.
The bid by the petitioner has not been rejected;
rather, the impugned communication itself
contemplates issuance of a separate work order.
4. It is the case of the learned senior
counsel that almost a month has passed and as
per schedule, the work was supposed to
commence on 1st July.
5. In the event, if the period of contract is
reduced, it is always open for the petitioner to
seek a compensatory extension of the period.
That apart, it is evident that the contract has not
2025:UHC:6644-DB yet been executed.
6. In that view of the matter, in our
considered opinion, the writ petition is premature
and any apprehension is unfounded. Accordingly,
the same is rejected.
7. There shall be no order as to costs.
(G. NARENDAR, C. J.)
(ALOK MAHRA, J.) Dated: 30.07.2025 Mamta
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