This writ petition challenged the jurisdiction of the Executive Engineer, U.P. Rural Engineering Department, in issuing a tender notice. The court dismissed the petition, noting the notice was issued on behalf of the Governor and the petitioner had no standing.
The writ petition questioning the tender notice is dismissed.
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Court No. - 35
Case :- WRIT - C No. - 14711 of 2020
Petitioner :- M/S Ayush Construction Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jitendra Kumar Srivastava,Ashish Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant petition has been filed questioning a tender notice dated 10.7.2020. By the said tender notice, E-tenders have been invited from the eligible and approved contractors registered with the U.P. Rural Engineering Department for carrying out different works at Primary Health Centres in District Basti. The petitioner had in the past a contract in his favour under which he was responsible for carrying out repair, annual maintenance, white-washing etc. of various Primary Health Centres and other hospitals in District Basti. The said contract was for Financial Year 2018-19 and was to enure till the next E-tender is notified. It was extended on 2.11.2019 on similar conditions. The ground of attack to the tender notice is that only the department of Medical Health was competent to issue it, whereas the impugned tender notice has been issued by Executive Engineer, U.P. Rural Engineering Department and is therefore, without jurisdiction.
We would like to notice that complete copy of the tender notice has not been annexed with the writ petition. The tender notice clearly states that it is being issued by Executive Engineer, U.P. Rural Engineering Department, Basti on behalf of the Governor of Uttar Pradesh. The tenders were invited through E-tendering system. The complete policy relating to E-tendering has neither been annexed nor has been placed before this Court at the time
of making oral submission. Moreover, the petitioner has no right to challenge the tender notice on any such ground as it clearly recites that it is being issued on behalf of the Governor of Uttar Pradesh. The term of the petitioner under the previous contract had admittedly come to an end. It was extended only till the acceptance of the next E-tender.
Consequently, we do not find any good ground to interfere with the impugned tender notice.
The petition is accordingly dismissed.
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Order Date :- 30.9.2020 skv
M/S Ayush Construction
State Of U.P.
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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