Chief Justice's Court
Case :- WRIT - C No. - 25929 of 2018 Petitioner :- Ramesh Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Birendra Singh, learned counsel for the petitioner and Mr. Mohan Srivastava, learned Standing Counsel for the respondent-State.
The primary prayer made in the writ petition reads thus:
"1. Issue a writ, order or direction in the nature of certiorari quashing the impugned notice for invitation of E Tender cum E Auction dated 18.6.2018 as well as amended notice for invitation of E Tender cum E Auction dated 5.7.2018 issued by District Magistrate, Banda (Annexure no. 1 and 2 to the writ petition)."
The last date for participating in the E-tender process as per the notification dated 5.7.2018 was 25.7.2018. This petition has been filed on 26.7.2018 on the ground that in view of the monsoon, it was not possible to ascertain quantity of mineral in the area under auction. It is not in dispute that a notice for inviting E-tender was initially published on 25.3.2018 and since the area in question remained to be allotted, it was re-advertised on the basis of the same material that was available at the time of publishing the first notice (25.3.2018). In view thereof and having considered that the petitioner has approached this Court after the last date of submitting the tenders, we are not inclined to entertain the writ petition. Petition is accordingly dismissed.
Order Date :- 31.7.2018 VMA (Yashwant Varma, J) (Dilip B Bhosale, CJ)