HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW Kasana Builders Pvt. Ltd. Thru. Authorized Signatory Vikram Singh …..Petitioner(s)

Versus State of U.P. Thru. Prin. Secy. Deptt. of Planning Lko. and 3 others …..Respondent(s)

Counsel for Petitioner(s) : Sachin Upadhyay, Abhishek Khare, Shivendra S Singh Rathore Counsel for Respondent(s) : C.S.C., Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.

HON'BLE MANJIVE SHUKLA, J.

(Judgment dictated in open Court)

1. Heard Shri Abhishek Khare, learned counsel for the petitioner and Shri Pritish Kumar Singh, learned Additional Advocate General assisted by Shri Sandeep Sharma, learned Standing Counsel appearing for the State.

2. Documents filed by the respondent no.2 are taken on record.

3. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner is challenging the order dated October 27, 2025 passed by the Chief Engineer, Technical Cell, EPC Mission, Planning Department, Government of Uttar Pradesh (hereinafter referred to as ‘respondent no.2’) wherein the financial bid of M/s G.S. Express Pvt. Ltd. (hereinafter referred to as ‘respondent no.3’) has been accepted by the authority concerned.

4. The factual matrix as narrated in the writ petition is as follows:

A. The technical Cell, EPC Mission, Planning Department, Lucknow acting as an executing agency of Department of Law, Government Uttar Pradesh floated an e-tender No. 473 (SE)/General/technical Cell/2025 dated September 15, 2025 (Tender ID 2025-DPUP-1074856_1) inviting bids for "Design, Engineering and Procurement for; (i) Construction of 25 number of residences at Hahnemann Crossing, Gomtinagar, Lucknow for Hon'ble Judges of Hon'ble High Court of Allahabad, Lucknow Bench, Lucknow, U.P., India and (ii) Construction of 14 Bungalows for Hon'ble High Court Allahabad on Plot No. 19, Clive Road, Prayagraj, U.P. on EPC Basis.

B. As per the notice inviting e-tender dated September 15, 2025 estimated cost amount was mentioned to be Rs 143 Crores and the work was to be completed within 18 months plus defect liability period of three years to remove all the defects. It was further provided that Rs. 143.00 Lakhs (Rs 50.00 lakhs shall be paid online through the payment gateway by net banking/RTGS on e-tender portal i.e. www.etender.up.nic.in and rest amount of Rs. 93.00 Lakhs in the form of e-Bank Guarantee/Bank Guarantee from any Scheduled Commercial Bank). Last date of filing bid through e-tendering was fixed to be October 8, 2025 at 3.00 pm.

C. Accordingly, pursuant to the said invitation to file e-tender, petitioner submitted its Bid bearing Bid No. 5589822 on October 8, 2025 at 01:36 pm. The respondent no. 3 was the last to file bid on October 8, 2025 at 2:37 pm. i.e. just 23 minutes prior to closing of bid submission at 3.00 pm.

D. On October 17, 2025 the tender summary report was issued on the portal of the respondent no.2 wherein it indicated that the petitioner and respondent no.4 had technically qualified for the bid while the respondent no.3 was technically disqualified on the ground that the bank guarantee towards the remaining amount of EMD of Rs.93.00 lakhs had not been uploaded on e-tender portal along with technical bid documents.

E. On October 17, 2025 itself the respondent no.3 had uploaded the bank guarantee towards the remaining amount of EMD of Rs.93.00 lakhs.

F. It is to be noted that the original bank guarantee had been submitted physically on October 8, 2025 which had been sent by the authorities for verification to the bank authorities. Thereafter, on October 24, 2025 notice was issued to the petitioner and respondent nos.3 and 4 and it was stated that all the three parties had been found technically qualified and the financial bid opening for the aforesaid work which was earlier scheduled on October 21, 2025 would now be opened on October 27, 2025 at 3.30 P.M. On October 27, 2025 all the three parties, including the petitioner participated in the financial bid and the results of the bid were announce