A writ petition challenging the Corporation's decision to use a truck for petroleum carriage without considering the petitioner's application due to missed tender notification. The court dismissed the petition, holding that failure to apply by the deadline bars late entry.
The writ petition was dismissed as misconceived.
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Court No. - 1
Case :- WRIT - C No. - 32306 of 2019
Petitioner :- M/S Radha Automobiles And Anotehr Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Prabhat Kumar Singh,Virendra Nath Upadhyay Counsel for Respondent :- A.S.G.I.,Pramod Kumar Rai
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri P.K. Singh, learned counsel for the petitioners, Sri Arvind Kumar Goswami, learned Advocate appearing for respondent no. 1, Sri P.K. Rai, learned counsel for respondent nos. 2 and 3 and perused the record.
The grievance of the petitioner as raised in the present petition is that the petitioner's truck/tanker bearing registration no. UP 65 AT 6148 is still being used by the Corporation for carrying the petroleum products however, since he could not apply pursuant to the advertisement issued in newspaper inviting tenders and which he could not see, his application is not being considered and soon fresh contract will be entered and he will loose his job.
Per contra , the argument advanced by learned counsel for the respondent Corporation is that the Corporation had made publication of notice inviting tenders for the purpose of carriage in the popular news daily 'Dainik Jagran' and if the petitioner has not been able to locate the advertisement published in the newspaper and could not apply pursuant to the advertisement issued, he cannot now be permitted to have back door entry.
In our considered opinion, if the public notice has published inviting tenders for particular job or contract to be entered by the Corporation with an individual or party and someone has failed to apply for the same, the said person or party now cannot be permitted to make an application after the last date is over.
The writ petition is misconceived and is, accordingly, dismissed.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 1.10.2019 Shiraz
2 issues framed by the court
Whether a party failing to submit an application for a contract due to not noticing the tender advertisement can be permitted late application after the deadline.
Whether a writ petition seeking restoration of a contract opportunity missed due to failure to apply in time is maintainable.
M/S Radha Automobiles And Anotehr
Union Of India
2 Others
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
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