Court No. - 32
Case :- WRIT - C No. - 10431 of 2019
Petitioner :- M/S Mangalam Associates Respondent :- State Of U P And Another Counsel for Petitioner :- Vinay Kumar Khare Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing, order dated 06.03.2019 (Annexure No. 3) passed by the respondent no. 2, so for as its relates to the petitioner with respect to the contract works mentioned as serial No. 1, 2, 10, 11, 25, 28, 29, 30 in the order.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to consider and reevaluate the petitioner's technical bids again by considering all the documents submitted with the bids and also open the petitioner's financial bids before finalizing the contract works with respect to the contract works mentioned as serial No. 1, 2, 10, 11, 25, 28, 29, 30 in the order dated 06.03.2019 (Ann No.3)."
Heard learned counsel for the parties and perused the record.
By order dated 30.3.2019, learned Standing Counsel was directed to seek instructions in the matter. In pursuance of the same, learned Standing Counsel has received instructions and has stated that the technical bid of the petitioner has not been accepted since certain requirements were not fulfilled by the petitioner. He further submitted that the financial bid dated 7.3.2019 and letter of acceptance have also been issued to Sri Satya Shanti Enterprises, Civil Lines Jhansi, as such, third party interest has been created in the matter but petitioner has not even made it a party in the writ petition. To this, learned counsel for the petitioner stated that although financial bid has been accepted and letter of acceptance has been issued but agreement has not yet been executed between the third party and the respondents.
Be that as it may, since disputed questions of facts are involved in the matter and financial bid has also been accepted, and thereafter letter of acceptance has also been issued, we do not see any justification to interfere in the matter. However, it is open for the petitioners to seek appropriate remedy, if so advised, in common law court in accordance with law.
With this observation, this writ petition stands finally disposed of.
Order Date :- 29.4.2019 vinay