Citation : 2026 Latest Caselaw 2450 UK
Judgement Date : 27 March, 2026
2026:UHC:2173-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (M/B) No.173 of 2026
March 27, 2026
Shubharambh Services & Anr. ----Petitioners
Versus
State of Uttarakhand & Others ----Respondents
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Presence:-
Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Tribhuwan Phartiyal and Mr.
Dharmendra Barthwal, learned counsel for the petitioners
Mr. Yogesh Tiwari, learned Standing Counsel for the State/respondent no.1
Mr. Lalit Miglani, learned counsel for respondent nos.2 and 3
Mr. Sahil Mullick, learned counsel for respondent no.4 through Video Conferencing
JUDGMENT :
(per Mr. Manoj Kumar Gupta C. J.)
1. Heard learned counsel for the parties.
2. The present writ petition has been filed questioning
the settlement of contract by the respondents - Municipal
Corporation for supply of manpower vide work order dated
11.03.2026 in favour of respondent no.4. The petitioners
have questioned the experience certificate of respondent
no.4.
3. Learned counsel appearing on behalf of respondent
nos.2 and 3 has raised a preliminary objection in respect of
the locus of the petitioners to challenge the work order and
2026:UHC:2173-DB
award of contract in favour of respondent no.4. It is
submitted that the petitioners have not participated in the
tender process and, therefore, they have no locus.
4. Learned Senior Counsel appearing on behalf of the
petitioners submits that the petitioners participated in the
previous tender exercise but it was later on cancelled. He
admits that this time the petitioners have not submitted any
bid, though it is stated that it was for the reason that the
petitioners did not qualify the condition relating to experience
imposed by respondent nos.2 and 3 while issuing the tender
notice in question.
5. Be that as it may, since it is admitted that the
petitioners have not submitted any bid in pursuance of the e-
tender notice dated 15.12.2025, therefore, we are of the
considered opinion that the petitioners do not have any locus
to challenge the award of contract in favour of respondent
no.4.
6. The writ petition is, accordingly, dismissed.
(MANOJ KUMAR GUPTA, C. J.)
(SUBHASH UPADHYAY, J.) Dated: 27.03.2026 Rajni
RAJINI UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4 8448ac3701a9ae475a2547e4b7f1d9b
1f17d01342, postalCode=263001,
GUSAIN st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222 B4DF4FC80D4557562F95BEBA013F53 0616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2026.03.27 16:26:52 +05'30'
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