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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, CJ, SUBHASH UPADHYAY
Ankit – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. tender process violated procurement rules. (Para 1 , 2 , 3) |
| 2. interim order issued to halt contract execution. (Para 4 , 5) |
| 3. by-laws rescinded, zila panchayat to explore new revenue. (Para 8 , 9) |
| 4. contract with respondent no. 4 invalid, remedy options available. (Para 11 , 12 , 13 , 14) |
| 5. writ petition disposed as infructuous. (Para 15 , 16) |
JUDGMENT :
MANOJ KUMAR GUPTA, CJ.
1. The present writ petition has been filed praying for the following reliefs :
“(a) Issue writ or order in the nature of certiorari quashing the tender process as initiated by respondent No. 3 vide Notification dated 23.12.2023 (contained as Annexure No. 2 to this writ petition).
(b) Issue writ or order in the nature of certiorari quashing the Contract dated 10.01.2024, executed by respondent No. 3 in favour of respondent No. 4 (contained as Annexure No. 5 to this writ petition.
(c) Issue writ or order in the nature of mandamus directing the respondent No. 1 to conduct an Enquiry against the respondent No. 3 as by issuing Tender Notification dated 23.12.2023 the Procurement Rules, 2017 have been violated which are mandatory and, thus resulted in revenue loss to respondent No. 3.”
2. The Zila Panc
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....
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 judgment underscores the significance of complying with tender conditions, the limited scope for judicial interference in tender processes, and the availability of appeal mechanisms under Section....
A public authority cannot cancel a contract arbitrarily without valid reasons, especially when the contract was executed within the authority's term.
A tender is essentially a contract between two parties and merely because one party to contract is State, basic character of transaction does not change.
The procuring entity has the right to reject bids and re-invite tenders as per the provisions of the Rajasthan Transparency and Public Procurement Act 2012 and the Rajasthan Transparency and Public P....
The main legal point established in the judgment is that the decision-making process of the respondents in finalizing the bid of respondent No. 4 was not found to be illegal or arbitrary, especially ....
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