Court No. - 9 Case :- WRIT - C No. - 46806 of 2010 Petitioner :- Kandarp Construction Private Ltd. Respondent :- State Of U.P. And Others Petitioner Counsel :- Rakesh Pnade,S.K. Tiwari Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Ran Vijai Singh,J.
We have heard Sri Rakesh Pandey learned counsel for the petitioner and Shri
Pankaj Raj learned Additional Chief Standing counsel appearing for the
respondents no.1,2, 4 and 5.
Learned counsel for the petitioner has urged that the last date for depositing
the tender was 31.7.2010 till 12 P.M. The petitioner has applied for issuance
of the tender form on 30.7. 2010 in the office of the Chief Engineer, Public
Works Department, Deoria who informed that the tender forms were not
available in his office. The petitioner has also got prepared a bank draft of
Rs.1 crore 2 lacs as earnest money on 31.7.2010. But in absence of the tender
form he could not fill the tender form. Learned counsel for the petitioner has
further urged that the action of the respondents in not providing the tender
form to the petitioner is mala fide. Since they wanted to settle the tender in
favour of their own men, they have not issued tender form to the petitioner.
The advertisement for tender dated 5.7.2010 was published in local Hindi
daily Dainik Jagran, Gorakhpur on 22.7.2010 and in other local Hindi daily
Rashtriya Sahara on 23.7.2010 published from Gorakhpur and prior to it the
same was not published in any daily from Delhi or Lucknow having wide
circulation. Learned counsel for the petitioner has further urged that the
tender was worth Rs.20 crores and it required to be published in national
dailies published from Delhi and Lucknow to enable participation of large
number of candidates in the tender bid but contrary to it, the notice for tender
was published only in local daily from district Gorakhpur and Deoria. In
view of the allegations made by the learned counsel for the petitioner, Shri
Pankaj Raj learned Additional Chief Standing counsel appearing for the
respondents no.1,2, 4 and 5 is directed to file counter counter affidavit in this
matter within four days. The petitioner shall have 24 hours thereafter to file
rejoinder affidavit.
List/put up this case on 16.8.2010.
Till 16.8.2010 the tender bid shall not be finalised by the respondents in
favour of any person.
A copy of this order shall be handed over to Sri Pankaj Rai, Additional Chief
Standing Counsel free of cost today for compliance and ensuring compliance
of this order.
Order Date :- 9.8.2010
SC
