Neutral Citation No. - 2025:AHC-LKO:2232-DB Court No. - 2 Case :- WRIT - C No. - 342 of 2025 Petitioner :- M/S Durgan Bhawani Enterprises Thru. Proprietor Kiran Agrahari Respondent :- State Of U.P. Thru. Prin. Secy. Panchyati Raj Govt. Of U.P. Lko And 4 Others Counsel for Petitioner :- Hari Shanker Tewari,Ajay Tiwari Counsel for Respondent :- C.S.C.,Hemant Kumar Mishra Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Supplementary afÏdavit filed today is taken on record. 2. The petitioner who had participated in the earlier tender process initiated vide Annexure 2 has challenged the issuance of the fresh tender notice on 03.01.2025 but without challenging the cancellation of the earlier tender. The petitioner's case is that while cancelling the tender process, the deficiencies were pointed out with regard to the participant Nos.3 and 4 but the petitioner was participant no.1 and no deficiency with regard to his technical bid and that of participant no. 2 had been pointed out. 3. On being confronted, the counsel for the Zila Panchayat has placed before us the Government Order dated 30.09.2020 and according to para 2 thereof, there should be at least three technically qualified bidders whereas in this case after rejection of the bid of the participant nos.3 and 4, petitioner who was participant no.1 and participant no.2 remained therefore, the bid has been cancelled. This although has not been mentioned in the document annexed as Annexure No.11 and had it been mentioned then, probably, this litigation would not have generated. It has been generated on account of omission of the Zila Panchayat to mention the aforesaid facts with reference to the Government Order. 4. On being confronted, the counsel for the petitioner could not deny the provisions of the Government Order dated 30.09.2020. 5. However, at this stage, the Petitioner's counsel has invited our attention to Regulation 21 (1) of the U.P. Kshetra Panchayat and Zila Panchayat Construction Works Rules, 1984 made under the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961. He referred to Note to the aforesaid provisions according to which at least three weeks' time is to be given to the bidders for submitting their bids whereas according to him in the subsequent tender notice which is impugned herein, this provision has not been followed. 6. Let the opposite party no.4 look into this aspect of the matter before opening the bid and do the needful and take a decision in this regard within three days. 7. The writ petition is disposed of. 8. Shri Hemant Kumar Mishra, counsel for opposite party nos. 3 to 5 shall communicate our order immediately to the opposite party no. 4 for compliance. 9. Let a copy of this order be provided today itself to the counsel for the parties on payment of usual charges. Order Date :- 13.1.2025 Pks [Brij Raj Singh,J.] [Rajan Roy, J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench