High CourtsSingle Bench(2022) 01 UK CK 0054

M/s Kohli Enterprises A partnership Firm vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 10 January 2022

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 52 Of 2022

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Judgment

14 paragraphs · 266 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

Petitioner is a contractor registered with Regional Food Controller for transportation and handling of food-grains. According to the petitioner, a

tender notice was invited in the year 2020 for award of contract of transportation of food-grains and petitioner submitted his bid. However, the tender

process was not concluded and subsequently, another tender notice was issued in the year 2021. His grievance is that in the subsequent tender

process initiated in the year 2021 also, the bids have not been opened so far.

3.

Learned counsel for the petitioner submits that as per information received by the petitioner, he was the sole bidder in both the tender processes.

He further submits that as per the provisions contained in Uttarakhand Procurement Rules, 2017, in the second bid process, if only one bid is received,

then it may be opened. Thus, petitioner wants his bid submitted pursuant to subsequent tender notice issued in the year 2021, to be opened.

4.

Learned Standing Counsel appearing for the State on instructions made a statement at the bar that petitioner submitted a representation to Regional

Food Officer, who has forwarded the representation to Food Commissioner, for decision.

5.

Learned counsel for the petitioner then submits that Food Commissioner be directed to take decision on such representation.

6.

Accordingly, the writ petition is disposed of with a direction to Food Controller to take decision on petitioner’s representation, as early as

possible, but not later than two weeks from the date of production of certified copy of this order.