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2022 Supreme(All) 829

MANOJ KUMAR GUPTA, DINESH PATHAK
Om Construction Sole Proprietor – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Javed Husain Khan,Gulrez Khan,Sr. Advocate
For the Respondent: C.S.C.,Vinod Kumar Chandel

JUDGMENT :

Manoj Kumar Gupta, Dinesh Pathak, JJ.

The instant writ petition has been filed praying for quashing of the order dated 4/5.01.2022 and also the contract agreement dated 7.01.2022 executed in favour of respondents no.6 & 7 and for a further direction to respondents no.2 to 5 to accept the technical bids of the petitioner and thereafter proceed to consider the financial bids.

2. The facts in brief necessary for adjudication of the present petition are that the petitioner is a registered firm of C category in Public Works Department, Mirzapur. Respondent no.2, Zila Panchayat invited tenders for various works. The petitioner firm applied for the works shown at serial nos.50, 51, 52, 67, 97 and 98. Its technical bid has been rejected in respect of work no.51 and 52 on the ground that it is not registered with the Labour Department. The decision of Technical Bid Committee dated 4/5.01.2022 in shape of office memorandum is under challenge to the extent it seeks to disqualify the bids of the petitioner firm in respect of work no.51 and 52.

3. The contention of learned counsel for the petitioner is that the Works in respect of which bids were invited are governed by the Uttar Pradesh

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