Disposed

M/S Prashant Kumar and Brothers and Another v. Union of India and 4 Others

Allahabad HC13 Dec 2018WRIC/40657/2018

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What is this about?

The High Court disposed of a writ petition regarding a technical bid dispute in a tender without expressing an opinion on merits, directing petitioners to submit a fresh representation to the General Manager Telecom District for a speaking order within 30 days.

What did the court decide?

Direction to make a fresh representation inviting decision by the authority within 30 days.

M/S Prashant Kumar and Brothers and Another… — Public Procurement and Tenders | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 40657 of 2018

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Petitioner :- M/S Prashant Kumar And Brothers And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Anubhav Dwivedi,Satyendra Nath Tripathi Counsel for Respondent :- Ajeet Kumar Singh

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Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.

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This writ petition has been filed, inter alia, for the following relief;

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(i) issue an interim mandamus directing the respondent No. 4 & 5 to consider the Technical Bid submitted by petitioner in Notice Inviting Tender No. GMTD/AD/Plg/OF-Cable Laying lossy Section Gangapar/ 2018-19 dated 2.8.2018 as qualified and open the Financial Bid of petitioner and award the work to petitioner in accordance with the provisions of procurement policy of Ministry of Micro, Small and Medium Enterprises Government of India dated 23.3.2012 as adopted by respondent No. 2.

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Learned counsel for the petitioners submitted that similar controversy was involved in Writ-C No. 36901 of 20185, wherein this court had directed the respondent No. 4 to decide the grievance of the petitioners within a stipulated period of time.

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Heard learned counsel for the petitioners, Sri Ajeet Kumar Singh, learned Additional Advocate General appearing on behalf of the respondents and perused the record.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioners to make a fresh representation before Respondent No. 4, General Manager Telecom District, Bharat Sanchar Nigam Limited, Allahabad, ventilating their grievances within 10 days from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its Annexures and, if any such representation is made, the said authority shall make all endeavour to consider and decide the same by a speaking order, after affording opportunity of hearing to the petitioner, in accordance with law expeditiously preferably within 30 days from the date of receipt of the said representation.

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Order Date :- 13.12.2018 C. MANI

M/S Prashant Kumar and Brothers and Another v. Union of India and 4 Others

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M/S Prashant Kumar and Brothers and Another v. Union of India and 4 Others

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