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MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
AD World, a partnership firm – Appellant
Versus
Nagar Nigam, Dehradun – Respondent
JUDGMENT :
Manoj Kumar Tiwari, ACJ.
Petitioner is an advertising agency.
2. By means of this writ petition, petitioner has sought the following reliefs :
(ii) Issue a writ, order or direction in nature of certiorari quashing the term & condition stipulated in clause 3(3) of impugned e-tender document dated 27.10.2024 (Annexure No. 3 to this writ petition) issued in pursuance of impugned tender notice dated 26.10.2024 (Annexure No. 3 to this writ petition), as the same is in violation of the provisions contained under Indian Stamp Act, 1899.
(iii) Issue a writ, order or direction in the nature of certiorari quashing the term & condition stipulated in clause 4(10) of impugned e-tender document dated 27.10.2024 (Annexure No. 3 to this writ petition) issued in pursuance of impugned tende
Tender conditions set by Municipal Corporations for advertising rights, backed by statutory rules, are valid and do not violate general procurement laws.
The main legal point established in the judgment is that the tender conditions must adhere to the provisions of the Uttarakhand Procurement Rules 2017 and should not be arbitrary or illegal.
The tender process violated the Uttarakhand Procurement Rules, leading to its invalidation and disposal of the writ petition as infructuous due to the Zila Panchayat's lack of authority to collect th....
Judicial review of tender conditions is restricted to cases of arbitrariness or unreasonableness, reinforcing that the authority determining eligibility criteria has the discretion and expertise in c....
The court upheld the discretion of authorities in fixing EMD amounts for mineral auctions under amended rules, emphasizing limited judicial intervention in tender matters.
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
The central legal point established in the judgment is the importance of adhering to government notifications and principles of natural justice in tender processes, while also highlighting the discre....
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