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2017 Supreme(UK) 354

MANOJ K.TIWARI
Pratap Trading Company – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Appellant :Mr. Arvind Vashisth, Senior Advocate with Mr. Subhash Upadhyaya, Mr. S.R.S. Gill, Mr. S.K. Mandal and Mr. Shiv Pande, Advocates
For the Respondent:Mr. S.N. Babulkar, Advocate General with Mr. Paresh Tripathi, Chief Standing Counsel, Mr. Yogesh Pacholia, Advocate, Mr. Rakesh Thapliyal, Advocate

JUDGMENT :

1. In this batch of writ petitions, challenge has been made to the tender process for award of contract in respect of Fishing Rights over Baigul Reservoir and Dhaura Reservoir in District Udham Singh Nagar. All the petitioners in these writ petitions are aggrieved by rejection of their Technical Bids for non-fulfillment of one condition or the other of the notice inviting tender.

2. Uttarakhand State Fisheries Development Board (from hereinafter referred to as “Board”), which is a Government Agency, issued a notice inviting tender on 04.08.2017 for grant of Fishing Rights over two reservoirs in District Udham Singh Nagar, namely, (i) Baigul and (ii) Dhaura. According to the said notice, contract was to be granted for a period of five years and the minimum reserve price was also indicated as (i) Rs.63.35 Lakh for Baigul Reservoir and (ii) Rs.23.49 Lakh for Dhaura Reservoir. According to the said notice, tenders could be submitted till 04:00 pm on 26.08.2017 and the tenders were to be opened at 04:30 pm on the same day i.e. 26.08.2017.

3. In the tender notice, General conditions of contract are common for both the reservoirs, however, main conditions of contract have been enu













































































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