Court No. - 32
Case :- WRIT - C No. - 13739 of 2018 Petitioner :- Parasnath Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Trivedi,Sanjay Dwivedi Counsel for Respondent :- C.S.C.,Ajay Pratap Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
This writ petition has filed with the following reliefs:
"i. Issue an appropriate writ, order or direction quashing the order dated 31.3.2018 passed by respondent no. 3 cancelling the bid of the petitioner.
ii. Issue and appropriate writ, order or direction declaring condition no. 4 of the advertisement dated 18.3.2018 as arbitrary and illegal being in gross derogation to the provisions contemplated under Government Order dated 12.5.2017.
iii. Issue an appropriate writ, order or direction commanding the respondent no.3 not to create a monopoly inn favour of chosen persons and allow every contractor/firm which is registered with any Government Department to participate in the tender process initiated by the respondent no. 3 vide advertisement dated 18.3.2018.
iv. Issue any other and further appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."
This Court on 28.5.2018 has passed following order:
"Counter and rejoinder affidavits have been exchanged in this matter.
It has come on record that the petitioner is not registered in accordance with the bye-laws as it required but has also been a defaulter.
The stay order is therefore, stands vacated. The tender process will be finalized.
List this matter on 29.05.2018."
Learned counsel for the respondent states that tender process has been finalized and tender has already been allotted to successful bidder/ third party.
In view of above, we do not find any justification to interfere in the matter.
Writ petition is dismissed at this stage. However, if petitioner is aggrieved by allotment of third party, he may avail remedy at common law.
Order Date :- 26.7.2018 Sanjeev