Disposed¶15

M/S Suprita Sales and Services Pvtltd v. State of U.P. and Another

Allahabad HC5 Feb 2025WRIC/3316/2025

Case brief

AI extract

What is this about?

Neutral Citation 2025:AHC:16508-DB; Allahabad High Court; WRIT - C No. 3316 of 2025; M/S Suprita Sales And Services Pvtltd v. State of U.P. and Another; Greater Noida Development Authority tender; consortium/joint venture eligibility excluded; representation dated 24.1.2025 undecided; technical bids opened; Article 226 writ; petition disposed of with liberty to challenge tender process at appropriate stage.

What did the court decide?

No substantive relief; petition disposed of with liberty to the petitioner company to challenge the tender process at an appropriate stage. ¶15

M/S Suprita Sales and Services Pvtltd vs State of… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; petition disposed of with liberty to the petitioner company to challenge the tender process at an appropriate stage.

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Issue for consideration

Whether the Court should issue an order or direction prohibiting the respondent-Development Authority from proceeding further with the tender process in pursuance of the proposal dated 6.11.2024 unless it passes a speaking order on the petitioner's representation dated 24.1.2025. +1 more

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Court's answer

Since the tender process was in progress and technical bids had already been opened, the Court at that stage was not inclined to issue any direction for consideration of the petitioner company's representation, as it might result in derailing the entire process.

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Ratio / Principle

The writ petition contained no pleading that the petitioner was a member of any joint venture/consortium which had been prevented from participating in the tender process.

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Detailed headnote1 paragraphs

Allahabad High Court (Manoj Kumar Gupta and Anish Kumar Gupta, JJ.) disposed of a writ petition under Article 226 of the Constitution (WRIT - C No. 3316 of 2025) filed by M/S Suprita Sales And Services Pvtltd seeking a direction prohibiting the respondent Development Authority ('Greater Nodia') from proceeding further in pursuance of its proposal/RFP dated 6.11.2024 for integrated mechanical sweeping, manual sweeping and door-to-door collection and transportation of waste in Zones 1 and 2 of Greater Noida, unless a speaking order was passed on the petitioner's representation dated 24.1.2025 requesting that joint ventures/consortia be allowed to participate. The data sheet of the repeat RFP dated January, 2025 excluded consortia, and the last date for bids was 27.1.2025. Observing that the petitioner pleaded no membership of any consortium prevented from bidding, and noting the Authority's statement that technical bids had been opened on schedule with the process in its final stage, the Court declined to intervene lest the entire process be derailed, disposing of the petition with liberty to challenge the process at an appropriate stage.

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Neutral Citation No. - 2025:AHC:16508-DB

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No. 34)

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Court No. - 21

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Case :- WRIT - C No. - 3316 of 2025

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Petitioner :- M/S Suprita Sales And Services Pvtltd Respondent :- State of U.P. and Another Counsel for Petitioner :- Abhinav Gaur,Gorakh Yadav,Vibhu Rai Counsel for Respondent :- Anjali Upadhya,C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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The instant petition under Article 226 of the Constitution has been filed for issuing an appropriate order or direction prohibiting the respondent-Development Authority from proceedings further in pursuance of the proposal dated 6.11.2024 unless it passes a speaking order on the representation of the petitioner dated 24.1.2025.

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The facts in brief are that on 6.11.2024 the respondent-Authority (hereinafter referred to as 'Greater Nodia') invited request for proposal for " Integrated Mechanical Sweeping, Manual Sweeping and Door-to-Door Collection and Transportation of Waste in Zone 1 and 2 of Greater Noida ". The proposal was open only to Companies, Partnership Firms, Limited Liability Partnership Firms, Societies, Trusts, Not for Profit Organization registered under the Indian Laws in India. In the data sheet of the repeat Request For Proposal (RPF) dated January, 2025 it is clearly mentioned that 'consortium' is not allowed to submit proposal and to participate in the tender process. It is also mentioned that the last date for submitting the bid was 27.1.2025 till 5:00 pm and the technical bids would be opened on 29.1.2025 at 11:00 am.

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The petitioner is a private limited company as stated in paragraph 5 of the writ petition. It had submitted a representation on 24.1.2025 requesting the respondent-Authority to allow joint ventures/consortium to participate in the tender process. The case of the petitioner is that in the past the Greater Noida had permitted consortium and joint venture to participate in the tender process in pursuance of an earlier RFP which later came to be cancelled. The

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submission is that unless the representation is decided the respondent-Authority be restrained from proceeding further with the tender process.

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As noted above, according to the pleadings, the petitioner is a private limited company. There is no pleading to the effect that petitioner is member of any joint venture/consortium which has been prevented from participating in the tender process. Moreover the last date for submitting bid was 27.1.2025 till 5:00 pm and technical bids were to be opened on 29.1.2025 at 11:00 am.

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Ms. Anjali Upadhya, learned counsel for the respondentDevelopment Authority on basis of instructions submits that the Authority as per the scheduled date and time had opened the technical bids and the tender process is in final stage of finalization.

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Since the tender process is in progress and technical bids have already been opened, therefore at this stage, we are not inclined to issue any direction for consideration of the representation of the petitioner company as may result in derailing the entire process.

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The petition is accordingly, disposed of with liberty to the petitioner company to challenge the process at appropriate stage.

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Order Date :- 5.2.2025

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Kirti

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

M/S Suprita Sales and Services Pvtltd v. State of U.P. and Another

Case brief

What is this about?

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M/S Suprita Sales and Services Pvtltd v. State of U.P. and Another

Case brief

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What the court decided

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