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2025 DAILYLAW 2876 (UTT)

NAVEEN AGGARWAL v. STATE OF UTTARAKHAND

WPMB/40/2025 · 2025-02-24

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:1301-DB WPMB No.40 of 2025 Hon'ble Manoj Kumar Tiwari, J Hon’ble Ashish Naithani, J. Mr. Bhuwan Bhatt, learned counsel, for the petitioner. 2. Mr. B.S. Parihar, learned Standing Counsel, for the State of Uttarakhand/1. 3. Mr. B.S. Negi, learned counsel, for the respondent –Zila Panchayat, Uttarkashi. 4. Petitioner has challenged notice inviting tender, issued by Zila Panchayat, Uttarkashi. He is aggrieved by clause (3) of the said notice, which requires that a person who is validly registered with Zila Panchayat, Uttarkashi, alone shall be eligible to participate in the tender process. 5. It is contended on behalf of petitioner that the said condition is unjust and illegal, as it restricts competition amongst bidders, which is counter- productive and is against public interest. 6. Per contra learned counsel appearing for the Zila Panchayat, submits that the condition mentioned in clause (3) of the notice is meant to protect the interest of Zila Panchayat, as many times persons who are not registered with the Zila Panchayat, if awarded contract, run away without completing the work, which adversely affects public interest, therefore, to prevent recurrence of such incident, this condition has been imposed. 7. We do not find any reason to interfere with the clause (3) of the tender notice. Every employer requires registration of a bidder either with itself or with some other reputed Government Agency. Thus, there is nothing wrong if Zila Panchayat insists on requirement of registration with itself. This condition is applicable across the board to all bidders, and is not targeted only against petitioner. Thus anyone who wants to participate in the bidding process with Zila Panchayat has to set himself registered. Thus, there is nothing wrong in the condition. 8. Accordingly, writ petition fails and is hereby dismissed. (Ashish Naithani, J) (Manoj Kumar Tiwari, J) 24.02.2025 NR/