Court No. - 39
Case :- WRIT - C No. - 10349 of 2021 Petitioner :- M/S Shivalik Buildtech Private Limited (Sbpl) Respondent :- Chief Engineer / Engineer In Chief, Iocl, Prayagraj And 3 Others Counsel for Petitioner :- Yadvesh Yadav,Rajesh Yadav Counsel for Respondent :- Anand Tiwari
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Rajesh Yadav, learned counsel for the petitioner and Sri G.K. Singh, learned Sr. Advocate assisted by Sri Anand Tiwari, learned counsel for the respondents.
Challenge is to the notice dated 13.2.2021 whereby the tender for engagement of a contractor for the work namely Construction of C & D type blocks in new residential colony at Prayagraj (formerly known as Allahabad), under BKPL, Allahabad had been issued.
The contention of the learned counsel for the petitioner is that the delay in completion of the work in question had occurred because of the stopping of the construction work due to Covid-
19. On an application moved by the petitioner, the extension of 179 days had been granted to it on 13.2.2021. It was, therefore, not open for the resondents to issue fresh tender for inviting the fresh contractor for the work in question.
The said submission of learned counsel for the petitioner is disputed by Sri G.K. Singh, learned Sr. Counsel with the assertion that no cause of action is with the petitioner as on date to challenge the notice, inasmuch as, the engagement of a contractor is only a back-up, in case, the petitioner fails to complete the work. The Competent Authority upon assessment of the performance of the petitioner came to the conclusion that major portion of the work has not been completed. Even otherwise, no adverse order has yet been passed and mere issuance of the tender notice does not give rise to a cause of action as no prejudice has been caused to the petitioner.
Learned counsel for the petitioner also could not show any prejudice being caused to the petitioner or any adverse order or action taken by the respondents.
In view of above, we do not find any good ground to entertain the challenge to the notice dated 13.2.2021. In case of any adverse order in future, it would be open for the petitioner to challenge the same, in accordance with law.
With the above observation, the present writ petition is dismissed.
Order Date :- 13.8.2021 A.P. Pandey