KIMBERLY CLUB PVT.LTD.THRU.DIRECTOR MR.JASMINDER SINGH ANAND v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. HOME DEPTT. HAZRATGANJ LKO. AND 2 OTHERS
WRIC/9687/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168308 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168308 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9687 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. On an urgency being mentioned, this petition was taken up today. 2. Heard learned counsel for the petitioner and Shri Rajesh Tiwari, learned Additional Chief Standing Counsel appearing on behalf respondent State. 3. This petition has been filed by the petitioner with the following prayers :-
"(i) CERTIORARI, quashing the E-tender notices bearing Tender IDs as 2025_UPTDP_1072724_1 titled as "REQUEST FOR PROPOSAL FOR SELECTION OF AGENCY FOR PRODUCTION AND INSTALLATION OF INTELLIGENT CONCEPT LIGHTING AND PROVISING LIGHTING SUPPLIES ON OCCASION OF DEEPOTSAVA 2025 AT AYODHYA" to the extent that only empaneled agencies are allowed to apply in the aforesaid tender as contained in ANNEXURE NO. P3 of the Writ Petition. (ii) CERTIORARI quashing clauses of the Tender bearing Tender ID as 2025_UPTDP_1072743_1 titled as "REQUEST FOR PROPOSAL FOR SELECTION OF AGENCY FOR DEEPOTSAVA BASED LIGHT DECORED AMBIANCE CREATION ON DHARM PATH AT AYODHYA", to the extent that only empaneled agencies are allowed to apply in the aforesaid tender as contained in ANNEXURE NO. P4 of the Writ Petition. Versus Counsel for Petitioner(s) : Avinash Singh Vishen, Shishir Raj Counsel for Respondent(s) : C.S.C. Kimberly Club Pvt.Ltd.Thru.Director Mr.Jasminder Singh Anand .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Deptt. Hazratganj Lko. And 2 Others .....Respondent(s)
(iii). MANDAMUS commanding the respondents to allow the petitioner to participate in the tenders issued by Department of Tourism until fresh tenders for empanelment of agencies are issued by the respondent no.2."
4. It is a case of the petitioner that the petitioner is a private limited Company under the Companies Act, 1956 and has filed this petition through its authorised signatory and Director Shri Jasminder Singh Anand because the petitioner is aggrieved by the action of the respondents whereby the respondents have failed to issue any fresh tender for empanelment of the Event Management Agencies for organizing the events at National and International levels even after the terms of period of empanelment has expired. The petitioner is also seeking a direction to the respondents to issue fresh tender for empanelment of the Event Management agencies, as aforesaid. 5.
It has been submitted that on 9.9.2025, the opposite parties no.2 issued tender bearing Tender IDs as 2025_UPTDP_1072724 titled as
"REQUEST FOR PROPOSAL FOR SELECTION OF AGENCY FOR PRODUCTION AND INSTALLATION OF INTELLIGENT CONCEPT LIGHTING AND PROVISING LIGHTING SUPPLIES ON OCCASION OF DEEPOTSAVA 2025 AT AYODHYA" in which an arbitrary Pre- Qualification Criteria has been stated that the companies participating in the said tenders would necessarily have to be empaneled with the Department of Tourism. Such condition is discriminatory and unfair. It has been stated that previous empanelment of such agencies was only for a period of two years which was done in 2023 and lapsed in 2025 and no fresh tender has been issued for empanelment of such agencies without there being any fresh empanelment procedure even if the petitioner wants to participate and get itself empanneled, it cannot do so. It has been stated that such action of the respondents is discriminatory, unfair and unreasonable. 6. Learned counsel appearing on behalf of the respondent State has pointed out from the earlier instructions received in an earlier writ petition filed by the petitioner bearing Writ -C No.9180 of 2025 that for the purpose of holding various Mahotsava/fare/events at National WRIC No. 9687 of 2025 2
and International level, event management agencies are empanneled through e-tender notices issued in the Request for Portal (R.F.C.). For empanelement of such agencies clause 2.1.2. stated that the Department of Tourism intends to empanel agencies who are experienced of Event Management/public meetings/ gathering etc. and would assist the department of tourism in organizing the aforementioned events at National and International Level for an initial period of two years (the "Service") and same may be extended on yearly basis upto two additional years on the same or mutually agreed terms and conditions subjected to periodical review of their performance. For Deepotsav Ayodhya, 2025, Ganga Mahotsav/ Dev-Deepawali, 2025, a tender notice was issued inviting bids from already empanneled agencies and the last date fixed for submitting bids is 29.9.2025. With regard to the specific ground taken in the writ petition, it has been stated that in exercise of powers as mentioned in Clause 2.1.2. of the R.F.C. for empanelment, an extension has been granted for a period of one year w.e.f. 5.9.2025.
i.e. upto 4.9.2026 for all such empanelled agencies. Empanelment was done on 14.10.2022 of 13 agencies in category -A, 14 agencies in Category -B and 4 Agencies in Category-C and again empanelment in Phase 2 was done on 6.9.2023 of 17 agencies in Category-A, 9 agencies in Category -B and 5 agencies in Category- C.
7. From a perusal of the instructions, this Court finds that more than 10 agencies are going to participate in R.F.P. FOR SELECTION OF AGENCY FOR PRODUCTION AND INSTALLATION OF INTELLIGENT CONCEPT LIGHTING AND PROVISING LIGHTING SUPPLIES ON OCCASION OF DEEPOTSAVA 2025 AT AYODHYA. It cannot be said that the action of the respondent is discriminatory and tailor-made to favour only one agency. This court is also of the opinion that such action cannot be treated as an unfair competitive practice as alleged in the writ petition. 8. We do not find any good ground to show interference under Article 226 of the Constitution of India. WRIC No. 9687 of 2025 3
9. The writ petition stands dismissed. September 25, 2025 Shukla WRIC No. 9687 of 2025 4 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench