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2014 Supreme(UK) 576

ALOK SINGH
Ajay Prasad Uniyal – Appellant
Versus
Municipal Corporation Mussoorie – Respondent


Advocates:
Advocate Appeared:
Mr. Amish Tiwari, Advocate for the Petitioner.
Mr. D.S. Patni, Advocate for the Respondents.

JUDGMENT

Alok Singh, J.


1. Petitioner claiming himself Contractor is assailing the tender notice dated 30th November, 2014.

2. Learned counsel for the petitioner submits that as per Uttarakhand Procurement Rules, 2008, tender notice ought to have been published at least two widely circulated national newspapers; as per Rule 13 (5) of the Uttarakhand Procurement Rules, minimum three weeks’ time from the date of publication of the tender notice should be given to submit the bids. In the present case, tender notice was not published in two widely circulated national newspapers and minimum three weeks’ time was not granted to submit the bids. In paragraph No.4 of the writ petition, it is stated that petitioner went office of respondent No.2 on 08.12.2014 to purchase the tender papers, however, petitioner was not allowed to purchase the papers notice saying before purchase of the tender papers, petitioner had to deposit F.D.R. of Rs.50,000/-.

3. As per the tender notice, bids were to be submitted till 3:00 P.M. on 09.12.2014.

4. As to whether petitioner was denied tender documents on account of non furnishing of F.D.R. of Rs.50,000/- is a question of fact which cannot be gone into in a




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