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Neutral Citation No. - 2025:AHC:23680-DB Court No. - 3 Case :- WRIT - C No. - 4872 of 2025 Petitioner :- Adil Qureshi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Singh,Syed Shhail Husain Counsel for Respondent :- C.S.C.,Surnedra Prasad Shukla Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard Shri Amit Singh, for the petitioner and learned counsel appearing for the respondent No.3.
2. The writ petition has been filed seeking the following relief:-
"i. issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to reconsider/accept the bid of the petitioner being the highest bidder for grant of contract for lifting of Carcass of dead animals for Vikas Khand Talbehat, Zila Panchayat Lalitpur, District Lalitpur as the petitioner is ready to fulfill the terms and conditions of the Clause 15 of the Contract."
3. The contention of learned counsel for the petitioner is that on 20.12.2024, a tender was issued wherein the petitioner had participated. However, a second notice was issued fixing the date of auction as 23.01.2025 wherein the technical bid of the petitioner has been rejected.
4. It is submitted that rejection is on the ground that an affidavit was required to be filed to swear in that the petitioner and his family members did not owe the tendering body any outstanding amount.
5. It is also contended that this condition was a new condition included in the tender document which was never found earlier. The petitioner is willing to furnish this affidavit and therefore, the writ petition.
6. In our considered opinion, granting relief prayed for in the writ petition would amount to altering the tender conditions which this Court while exercising the jurisdiction under Article 226 of the Constitution of India is not competent to direct.
7. For the same reason, no relief can be granted to the petitioner.
8. Accordingly and in view of the above, the writ petition fails and is dismissed. Order Date :- 19.2.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad