Citation : 2025 Latest Caselaw 400 UK
Judgement Date : 14 May, 2025
2025:UHC:3855-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. 115 of 2025
14th May, 2025
Moksh Innovation Inc. --Petitioner
Versus
State of Uttarakhand and Others --Respondents
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Presence:-
Mr. D. N. Sharma, learned counsel for the petitioner.
Mr. J. C. Pandey, learned Standing Counsel for the State.
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JUDGMENT :
(per Mr. G. Narendar C. J.)
The petitioner is impugning the office
memorandum dated 25.02.2025, whereby the
respondents were pleased to declare the technical bid of
the petitioner as non-responsive.
2. At the outset, learned Standing Counsel for
the State would submit that the writ petition is rendered
redundant in view of the fact that almost 99% of work
allotted under the tender has been completed. He would
clarify the same by stating that he has been instructed
by the fourth respondent to submit so.
3. Per contra, learned counsel for the petitioner
2025:UHC:3855-DB would vehemently oppose the same and would submit
that the works have not been completed and the
rejection is per se illegal.
4. Be that as it may, in view of the submission
made by learned Standing Counsel for the State, we are
of the view that the instant writ petition may not survive
for consideration on merits and any consideration would
be academic in nature.
5. In that view, we are of the considered opinion
that the writ petition may be disposed of by granting
liberty to the petitioner to move the Civil Court for
damages, if he so desires.
6. With the above observation and liberty, the
writ petition stands disposed of.
(G. NARENDAR, C. J.)
(ALOK MAHRA, J.) Dated: 14.05.2025 BS
BALWAN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c 02fe2eacbf28cdf4ba7ce8640c5820,
T SINGH postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB55 3DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.26 12:58:32 +05'30'
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