High CourtsSingle Bench(2021) 06 UK CK 0093

M/s Randhawa Enterprises Bilaspur Rampur Uttar Pradesh vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 22 June 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1204 Of 2018

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Judgment

17 paragraphs · 313 words

Manoj Kumar Tiwari, J

1.

General Manager, Pashu Aahar Nirmanshala, Rudrapur, District Udham Singh Nagar had invited tenders for supply of wheat straw as cattle

feed.

2.

Pursuant to the said tender notice, several bids were received, however, the bid submitted by the petitioner was found to be the lowest at Rs. 37.30

per quintal. Accordingly, a work order was issued to the petitioner on 31.03.2018.

3.

It transpires that thereafter on 03.04.2018, petitioner made an application to the Competent Authority stating that due to mistake in his price bid,

petitioner has quoted Rs. 37.30 per quintal as price of wheat straw in his financial bid, which may be read as Rs. 373 per quintal and if petitioner’s

bid @ Rs. 373 per quintal is not acceptable to the Competent Authority then his bid may be cancelled and his earnest money be refunded without

making any deduction.

4.

The said application of the petitioner was rejected by General Manager, Pashu Aahar Nirmanshala, Rudrapur, District Udham Singh Nagar vide

order dated 17.04.2018, which is under challenge in the present writ petition.

5.

A perusal of the impugned order dated 17.04.2018 reveals that cogent reasons have been assigned for rejecting petitioner’s application.

Petitioner had offered to supply wheat straw to the respondent at the rate of Rs. 37.30 per quintal and treating his offer to be bonafide, his bid was

accepted. Therefore, his request for revising the said rate to Rs. 373 per quintal could not have been accepted.

6.

Earnest money is required to be deposited by the bidders in order to maintain sanctity of tender process. Since petitioner violated sanctity of the

tender process, therefore, respondent authority was justified in forfeiting the earnest money of the petitioner.

7.

In such view of the matter, this Court does not find any reason to interfere in the present writ petition. Accordingly, writ petition is dismissed.