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IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

HON’BLE JUSTICE SRI RAKESH THAPLIYAL.

Reserved on: 03.06.2026

Delivered on: 15.07.2026

Contempt Petition No. 213 of 2026

M/s Ram Krishna Jayara ……Petitioner

Vs.

Sri Sanjay Kumar Pathak and others ……Respondents.

Counsel for the Petitioner: Mr. Jitendra Chaudhary, learned

counsel.

Counsel for the Respondent: Mr. R.K. Raizada, learned Senior

Advocate assisted by Mr. S.S.

Chauhan, learned counsel.

(Sri Rakesh Thapliyal, J.)

1. The instant contempt petition has been moved by the

petitioner for initiation of proceeding against the

respondent/contemnor under the Contempt of Courts Act 1971

for wilful disobedience of the judgment and order passed by the

Writ Court dated 26.02.2026 in WPMB No. 534 of 2024, M/s Ram

Krishna Jayara vs. State of Uttarakhand & others.

2. The brief facts of the case are that the petitioner participated

in a tender process flouted by the department, in which the

petitioner was disqualified in the technical evaluation round.

Aggrieved by the exclusion, the petitioner approached the Writ

Court and preferred WPMB No. 534 of 2024. The writ petition

was remained pending for one and half year and during this

period the entire bidding process was put on hold and

subsequently the Writ Court allowed the writ petition on

26.02.2026 and respondents were directed to include the bid of

the petitioner’s firm in the financial round and proceed in

accordance with law. On close scrutiny of the judgment passed

by the Writ Court, the Writ Court was of the view that the

petitioner was illegally disqualified.

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3. Thereafter, instant contempt petition is moved for non-

compliance of the direction of the Writ Court, since, the

respondent again put on hold the entire bidding process on the

ground that some of the bidders are not agreeable to extend their

bid validity period.

4. On 12.05.2026, the respondent/contemnor –the Chief

Engineer was directed to join the proceeding through V.C. on

14.05.2026, and in compliance thereof Mr. Sanjay Kumar Pathak,

the Chief Engineer joined the proceeding and after hearing the

submission of Mr. S.S. Chauhan, learned counsel for the

respondent/contemnor as well as submission of Mr. Sanjay

Kumar Pathak, the following charge was framed:-

“Whether the action of the respondent contemnor for not opening

the financial bid on the scheduled date amounts to contempt of

Court and what action can be taken on wilfully disobeying the

order of the court.”

A week’s time was given to file response on the aforesaid

charge and in compliance thereof response has been filed.

5. Now the issue for consideration before this Court in this

contempt petition is whether putting the tender process on hold

without opening the financial bid on the ground that the other

bidders refused to extend their bid validity period and now only

the petitioner has been left out to be a single bidder and such

financial bid cannot be opened constitutes wilful circumvention

and disobedience of the directions of Writ Court.

The another issue is whether the plea of subsequent

development that the other bidders are not extending their bid

validity period will frustrate the tender process due to passage of

time, amounts disobedience of the order of the Writ Court.

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6. The issue of subsequent development has been discussed

by this Court in its order dated 12.05.2026 and 14.05.2026. On

03.06.2026 , Mr. Raizada, learned Senior Advocate who appears

for the respondent/contemnor submits that the judgment of the

Writ Court need not to be complied with in view of the

subsequent development. In support of such submission he

placed reliance to the judgment of the Hon’ble Apex Court in the

case of State of Jharkhand and others vs. CWE-Soma

Consortium, (2016) 14 SCC 172 as well as the another decision of

the Hon’ble Apex Court in the case of Maninderjit Singh Bitta vs.

Union of India and other (2012) 1 SCC 273

7. In response to such submission, Mr. Jitendra Chaudhary

learned counsel for the petitioner submits that the submission as

advanced by Mr. Raizada is