Vijender Singh v. Nagar Nigam Roorkee

A HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON'BLE THE ACTI NG CHI EF JUSTI CE SRI MANOJ KUMAR TI WARI AND HON'BLE SRI JUSTI CE VI VEK BHARTI SHARMA WRI T PETI TI ON ( M/ B) NO. 505 OF 2024 TH24 OCTOBER, 2024 M/s Yash Construction Company …..Petitioner. Versus Nagar Nigam Roorkee ….Respondent. With WRI T PETI TI ON ( M/ B) NO. 506 OF 2024 M/s Sarvo Lite Industries …..Petitioner. Versus Nagar Nigam Roorkee ….Respondent. With WRI T PETI TI ON ( M/ B) NO. 507 OF 2024 M/s Sai Laxmi Construction …..Petitioner. Versus Nagar Nigam Roorkee ….Respondent. With WRI T PETI TI ON ( M/ B) NO. 508 OF 2024 M/s Ranbir Singh Thekedar …..Petitioner. Versus Nagar Nigam Roorkee ….Respondent. With WRI T PETI TI ON ( M/ B) NO. 509 OF 2024 M/s Tirupati Associated …..Petitioner. Versus Nagar Nigam Roorkee ….Respondent. With WRI T PETI TI ON ( M/ B) NO. 510 OF 2024 M/s Four Dimensions …..Petitioner. Versus

Nagar Nigam Roorkee

….Respondent. W it h W RI T PETI TI ON ( M/ B) NO. 5 1 1 OF 2 0 2 4 Gurvinder Singh

…..Petitioner. Versus Nagar Nigam Roorkee

….Respondent. W it h W RI T PETI TI ON ( M/ B) NO. 5 1 2 OF 2 0 2 4 Vijender Singh

…..Petitioner. Versus Nagar Nigam Roorkee

….Respondent. W it h W RI T PETI TI ON ( M/ B) NO. 5 1 3 OF 2 0 2 4 M/ s Sunny Construction

…..Petitioner. Versus Nagar Nigam Roorkee

….Respondent. Counsel for the Petitioner(s) : Mr. Ajay Veer Pundir,

learned counsel. Counsel for the Respondent : Mr. Lalit Miglani, learned

counsel. Th e Cou r t m ade t h e follow in g : JUDGMENT:( per Hon 'ble The Act in g Chief Ju st ice Sr i Man oj Ku m ar Tiw ar i)

Since common questions of fact and law are involved in these writ petitions, therefore, these petitions are clubbed together and are being heard and decided together. However, for the sake of brevity and convenience, facts of Writ Petition (M/ B) No.505 of 2024 are being considered.

2.

By means of this writ petition, petitioner has sought the following reliefs: -

"i) Issue a writ, in the nature of certiorari quashing the impugned tender notice dated 19-10-2024 letter no.204/ Cons. Agree./ N. Ni. Roorkee/ Tender/ 2024-25 issued by Respondent (An n ex u r e No.4 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus, commanding/ directing the Respondent to issue work orders to the respective successful bidders in pursuance to tender notice dated 24-09-2024 letter No.186/ Construction Agree./ N. Ni. Roorkee/ Tender/ 2024-25, which was published in daily newspapers on 25-09-2024."

3.

According to the petitioner, in the earlier bidding process, his bid was found to be the lowest in respect to certain works, however, the earlier bidding process has been cancelled, and fresh biddings have been invited by issuing fresh Notice Inviting Tender (for short "NIT"). This, according to the petitioner, is contrary to law, and once earlier bidding process has been finalized, it is not open to the authorities to invite fresh tender.

4.

Learned counsel for the respondent, however, submits that petitioner has not challenged the decision taken by Competent Authority to cancel the earlier tender process. He further submits that in the earlier NIT, there was a condition that the Competent Authority can reject any or all the bids received pursuant thereto. Thus, he submits that the decision to

invite fresh tender by issuing fresh NIT is referable to such condition.

5.

Since petitioner's offer was not accepted, and binding contract had arisen, therefore, the Competent Authority was well within its rights to invite fresh tender by issuing fresh NIT. Thus, there is no scope of interference in the matter.

6.

The writ petition(s) fails and, is accordingly, dismissed.

7.

Pending application, if any, also stands disposed of. ''

( MANOJ KUMAR TI W ARI , A.C.J.)

( VI VEK BHARTI SHARMA, J.)

Dated: 24th October, 2024 NISHANT NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=ad3fcb5ca64340f5ddtia4c574afatifd63133605ca57 cdctitiec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892 BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.10.25 12:18:44 +05'30'