Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 121185 (ALL)

M/S APEX DEVELOPERS VILLAGE BHASRA THRU. ITS PROPRIETOR ASHUTOSH VERMA AND ANOTHER v. DISTT. MAGISTRATE AMBEDKAR NAGAR AND 2 OTHERS

WRIC/995/2025 · 2025-02-10

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:8637-DB Court No. - 2 Case :- WRIT - C No. - 995 of 2025 Petitioner :- M/S Apex Developers Village Bhasra Thru. Its Proprietor Ashutosh Verma And Another Respondent :- Distt. Magistrate Ambedkar Nagar And 2 Others Counsel for Petitioner :- Pramod Kumar Pandey,Prashant Sharma,Sanjay Kumar Verma Counsel for Respondent :- C.S.C.,Ram Ujagir Verma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner challenges the tender process initiated vide advertisement dated 28.12.2024, contained at Annexure No. 1. The petitioner’s Counsel has invited our attention to point number 2 of the tender notice, according to which, the tender document could be downloaded from the official website. The grievance is that this tender document was never uploaded on the official website, and therefore, it could not possibly be downloaded, that is why the petitioner could not download it and could not participate in the tender process. On being confronted, though initially, Shri R. U. Verma, learned Counsel appearing for the opposite parties no. 2 and 3 initially attempted to defend the action by inviting our attention to certain policies and documents according to which, a tender, value of which is less than Rs. 10,00,000/-, need not be floated online, however, on being confronted with the stipulation in the tender notice vide tender condition no. 2, he sought instructions from the opposite parties no. 2 and 3 and came back to us to inform that this was an inadvertent error, and, this Court may set aside the tender process and it shall be initiated afresh. In view of the aforesaid situation, there is no need to call for counter affidavit. In view of the statement made by Shri R.U. Verma, learned Counsel for the opposite parties no. 2 and 3, we set aside the impugned tender notice with liberty however to the concerned opposite parties to float the tender afresh with appropriate conditions therein. The writ petition is allowed in the aforesaid terms. Order Date :- 10.2.2025/Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench