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2025 DAILYLAW 131434 (ALL)

M/S ASHISH TRADERS THRU. PROPRIETOR SHASHANK UPADHYAY v. STATE OF U.P. THRU.ITS ADDL.CHIEF /PRIN.SECY. DEPTT.OF MEDICAL HEALTH AND FAMILY WELFARE AND ORS.

WRIC/3133/2025 · 2025-04-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19252-DB Court No. - 2 Case :- WRIT - C No. - 3133 of 2025 Petitioner :- M/S Ashish Traders Thru. Proprietor Shashank Upadhyay Respondent :- State Of U.P. Thru.Its Addl.Chief /Prin.Secy. Deptt.Of Medical Health And Family Welfare And Ors. Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner claims to have submitted representation / objections on 26.03.2025 on the relevant portal in terms of the conditions of the bid document, but the same as alleged, has not been decided as yet. The bid document says that if any seller has any objection / grievance against the additional clauses or otherwise on any aspect of the bid, they can raise their representation against the same by using the Representation window provided in the bid details, in Seller dashboard after logging in as a seller within four days of the bid publication on GEM. Buyer is duty bound to reply to all such representations and would not be allowed to open bids, if he fails to reply to such representations. In paragraph 4 of the petition, it has been averred that no action has been taken on the online objection. In view of the aforesaid, we dispose of this petition with a direction to the opposite party no. 3 to look into the matter as to whether the relevant provision under the heading 'Disclaimer' allowing the seller to submit an objection or raise a grievance, was invoked by the petitioner as per the terms mentioned therein, as claimed. If so, whether any decision has been taken thereon or not. If not, and if there is no legal impediment, the same should be taken at the appropriate stage. However, if the objections have not been raised or is not liable to be decided, then the petitioner should be informed about it in writing, giving reasons for the same. Let this exercise be completed within 15 days. Order Date :- 7.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench