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2025 DAILYLAW 31706 (ALL)

KHURANA AND KHURANA ADVOCATES v. State of UP AND 2 OTHERS

WRIC/7117/2024 · 2025-03-09

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35004-DB Court No. - 40 Case :- WRIT - C No. - 7117 of 2024 Petitioner :- Khurana And Khurana Advocates Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Shreya Gupta,Suvansit Kumar Jaiswal Counsel for Respondent :- Anjali Upadhya,C.S.C.,Shivam Yadav Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard Ms. Shreya Gupta, learned counsel appearing on behalf of the petitioner, Mr. Mukul Tripathi, learned Standing Counsel appearing on behalf of the respondent No.1 and Mr. Shivam Yadav, learned counsel appearing on behalf of the respondent Nos.2 and 3. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the cancellation of the entire tender process for allotment of land in Greater NOIDA. 3. It is to be noted that the petitioner was the only person who gave the bid for the piece of land. The Greater NOIDA in its wisdom decided not to allot the land to the petitioner but did not give any reason for the same. The writ petitioner has come up before us seeking a writ of mandamus upon the Greater NOIDA to grant the bid in its favour. 4. A cetena of the Supreme Court judgments has held that an authority cannot be forced, by way of a writ of mandamus, to continue with the process they choose to withdraw from. Furthermore, even the highest bidder does not have a vested right when the authorities chooses to withdraw the entire process. 5. Upon perusal of the documents, we find that no specific reason has been given by the Greater NOIDA for not allotting the land to the petitioner who was the only and obviously the highest bidder. The Greater NOIDA though has stated that they shall once again bring out the fresh tender notice. It is also clear from the records that the matter has been pending for over a year and till date, no new tender has been issued. The money of the petitioner is also lying with the Greater NOIDA as the petitioner has chosen not to take back the money in spite of the letter issued by the Greater NOIDA dated February 9, 2024. 6. Upon a suggestion from this Court, counsel appearing on behalf of both the parties have agreed that the Greater NOIDA should be directed to immediately take out a fresh tender and the money lying with the Greater NOIDA would be used as the registration plus earnest money in the case of the petitioner. The petitioner would have the option of increasing its bid. The tender application notice should come out within a period of four weeks from date. The petitioner shall obviously be allowed to participate in the same and would have option of increasing its bid in accordance with law. 7. With the above directions, the writ petition is disposed of. Order Date :- 10.3.2025 Rakesh (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad