M/s Kumar Infratech U.S. Nagar & Others vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

By means of this writ petition, petitioners have sought following reliefs:-

i. to issue a writ, order or direction in the nature of mandamus, directing respondents no. 6 and 7 to stop/restrain respondent no. 2 to 5 from illegally

carrying out/executing the work of widening and strengthening of Nagla-Kiccha State Highway SH-44 (Two lane paved Shoulder) Km. 0.0000 to

17.700.

ii. to issue a writ, order or direction in the nature of mandamus directing respondents no. 1 to 5 to abide by the order dated 13.01.2022, passed on the

interim relief application I.A. No. 1 of 2022, in Writ Petition (WPMS) No. 82 of 2022, M/S Kumar Infratech and others Versus State of Uttarakhand

and others.

iii. to issue a writ, order or direction in the nature of mandamus, directing respondents no. 1 to 4 and 6 not to release any amount in favour of

respondent no. 5, against the illegal widening and strengthening of Nagla-Kiccha State Highway SH-44 (Two lane paved Shoulder) Mm. 0.0000 to

17.700.

iv. to issue a writ, order or direction in the nature of mandamus directing respondents no. 6 to conduct enquiry in the matter of illegal widening and

strengthening of Nagla-Kiccha State Highway SH-44 (Two lane paved Shoulder) Km. 0.0000 to 17.700 and to take necessary action against

respondents no. 2 to 5 for their illegal acts.

Petitioner no. 1 responded to a notice inviting tender issued by State Public Works Department. Petitioner nos. 2 to 5 are partners in petitioner no. 1

firm. Bid submitted by petitioner no. 1 was declared to be technically non-responsive against which he had earlier filed WPMS No. 82 of 2022.

A coordinate Bench of this Court on 13.01.2022 had passed an interim order in favour of petitioners restraining the official respondents from

allotting contract in favour of the successful bidder. It is alleged that despite interim order, official respondents have permitted the successful bidder to

carry on the work of construction of road.

Thus, in sum and substance, this is a case of violation of order of this Court and for such violation, fresh writ petition would not be maintainable and

the remedy lies elsewhere. Petitioner may also file appropriate application in the pending writ petition.

Be that as it may, since Writ Petition (WPMS No. 82 of 2022) is pending before this Court, in which, State and the successful bidder have filed

separate counter affidavits, therefore, present writ petition, for the reliefs as claimed, cannot be entertained.

Accordingly, writ petition is dismissed.

Let certified copy of this order be supplied to the petitioner within 24 hours, on payment of usual charges.