M/S Shree Ganpati Construction v. Uttarakhand Rural Roads Development Agency

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE ACTI NG CHI EF JUSTI CE MR. MANOJ KUMAR TI W ARI AND HON'BLE MR. JUSTI CE PANKAJ PUROHI T

W RI T PETI TI ON ( M/ B) NO. 5 9 4 OF 2 0 2 4

2 4 TH DECEMBER, 2 0 2 4

M/ s Shree Ganpati Construction …… Petitioner

Versus

Uttarakhand Rural Roads Development Agency and others

…… Respondents

Counsel for the petitioner : Mr. Armaan Pratap Singh, learned counsel

Counsel for the respondents : Mr. Shailendra Singh Chauhan, learned, learned counsel for respondent Nos. 1 and 2

Th e Cou r t m ade t h e follow in g:

JUDGMENT: ( per Hon 'ble Th e Act in g Ch ief Ju st ice Mr . Man oj Ku m ar Tiw ar i)

Petitioner participated in a tender process. Since his bid was declared to be technically non-responsive,

therefore, petitioner has approached this Court seeking the following reliefs :

"(i) To issue a writ, order or direction in the nature of certiorari to quash the wrongful technical rejection of the petitioner dated 23rd October 2024 by the Bid Evaluation Committee as been contrary to the terms of the Standard Bidding Document.

(ii) To issue a writ, order or direction in the nature of mandamus directing the respondent Uttarakhand Rural Roads Development Agency (URRDA) to take an informed decision on the representation dated 30.10.2024 (Annexure No. 7) read with 25.11.2024 (Annexure No. 9) as authored by the petitioner pointing out the illegality in the technical bid submitted by the private respondent Jay Durgay."

2) Mr. Shailendra Singh Chauhan, learned counsel appearing for the Uttarakhand Rural Roads Development Agency submits that the contract has now been awarded to the lowest bidder, i.e., respondent No. 4. He further submits that the bid of petitioner was declared to be technically non-responsive on four grounds indicated in the rejection order, which is enclosed as Annexure No. 8 to the writ petition.

3) Since the contract has already been awarded to the lowest bidder and the bid of the petitioner was

declared to be non-responsive on 23.10.2024, therefore, this Court does not find any reason to interfere in the matter at this belated stage.

4)

Since petitioner has submitted representations on 30.10.2024 and 25.11.2024, therefore, the writ petition is disposed of with a direction to the Chief Engineer, Uttarakhand Rural Roads Development Agency to take decision on the representations made by the petitioner, within four weeks from the date of production of aforesaid representations along with certified copy of this order.

_________________________

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

_ _ _ _

PANKAJ PUROHI T, J.

Dt: 24TH DECEMBER, 2024 Negi

HIMANS HU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bb3b60774012c1ef1dae20d13aaf1 16e73351fdaf6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51 A722A6BC552D470EB4FD2F88DDF7C18DB 2A1524A4D, cn=HIMANSHU NEGI Date: 2024.12.26 13:26:24 +05'30'