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2021 Supreme(UK) 416

MANOJ KUMAR TIWARI
Shiva Associates – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
I.D. Paliwal, Advocate, T.S. Phartiyal, Advocate

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner was found to be the lowest bidder for the work of construction of Ghutugandhak Pani Motor Road in Doiwala constituency of District Dehradun (Km 11.50 to Km 16.00) and he was awarded the contract. Since his price bid was found to be abnormally low, therefore, respondents have required the petitioner to furnish additional performance security amounting to Rs. 66,67,809/-, in terms of Government Policy.

2. It is the contented on behalf of petitioner that condition regarding furnishing additional performance security has been relaxed by the State Government vide Government Order dated 18.10.2021. Copy of the Government Order is on record as Annexure No. 6 to the writ petition.

3. Perusal of Government Order dated 18.10.2021 reveals that condition of deposit of additional performance security was relaxed only in respect of reconstruction work undertaken by Public Works Department in Sri Badrinath and Sri Kedarnath shrines. The contract awarded to the petitioner is for constructing a road in District Dehradun and it has nothing to do with Sri Badrinath and Sri Kedarnath shrines, therefore, petitioner's case is not covered by Government Order date

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