Court No. - 38
Case :- WRIT - C No. - 38457 of 2018 Petitioner :- M/S Balaji Travels Katwas Indara District Mau Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Singh Yadav,Maithali Sharan Pipersenia Counsel for Respondent :- C.S.C.,Hemendra Kumar Mishra
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri M.S.Pipersenia, learned counsel for the petitioner, Sri Hemendra Kumar Mishra, learned counsel for the respondent no.4 and learned Standing Counsel for the respondent nos. 1 to 3.
Pursuant to a tender notice inviting bid from the eligible agencies of Taxi vehicle for monitoring and supportive supervision programme under the NHM, UP. The petitioner had applied for hiring of his taxi in the district Mau under the National Health Mission. The petitioner claims that his bid was lowest and the last date of submission of documents was 21.06.2018 and date of opening of the bid was 30.06.2018. The petitioner's bid was lowest yet after that no orders have been passed either giving the contract to the petitioner or rejecting his claim on any valid basis. The petitioner submits that thrice before the same situation occurred that the petitioner bid was lowest yet the contract was not given to the petitioner, therefore, he apprehended that this time also without assigning any reason the petitioner's lowest bid will not be considered.
At this juncture, it would be suffice to issue a direction to the District Magistrate to look into the claim of the petitioner, if the petitioner fulfils all the criteria and his bid is lowest, why he should not be given the contract, this aspect will be looked into by the District Magistrate while passing the order, for which the District Magistrate will pass appropriate orders, in accordance with law, upon application being made by the petitioner, within a period of 15 days from the date a certified copy of this order alongwith application is presented before it.
With the aforesaid direction, the writ petition is disposed of. Order Date :- 27.11.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)