Sanjana Enterprises vs Zila Panchayat Uttarkashi And Others

Manoj Kumar Tiwari, J

Zila Panchayat, Uttarkashi holds Magh Mela in the month of January each year. Zila Panchayat, Uttarkashi had issued a tender notice dated

08.12.2017, inviting tenders from eligible persons for grant of right to conduct the Fair.

According to the petitioner, he was the highest bidder, however, the contract was awarded in favour of second highest bidder i.e. respondent no. 3

Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:

“i) issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 & 4 to cancel the contract of commercial stalls/

kiosks and rent recovery and also cancel the contract of rides, swings, etc. awarded to Respondent No.3.

ii) issue a writ, order or direction in the nature of mandamus commanding the Zila Panchayat Uttarkashi to invite fresh tenders for stalls/ kiosks, rent

recovery and also organizing of fair, rides swings, circus, etc. for the Magh Mela to be held between the period 14th January, 2018 to 21st January,

2018 being organized by Zila Panchayat, Uttarkashi.â€​

No interim order was passed in writ petition. Since the tender process was initiated for grant of right to conduct the Fair in the year 2018 and now

we are in the year 2021, therefore, the reliefs, as claimed in the writ petition, cannot be granted at this belated stage. In other words, reliefs, as

claimed in the writ petition, do not survive.

Accordingly, the writ petition is dismissed.