Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3855-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (M/B) No. 115 of 2025 14th May, 2025 Moksh Innovation Inc.
--Petitioner
Versus
State of Uttarakhand and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. D. N. Sharma, learned counsel for the petitioner. Mr. J. C. Pandey, learned Standing Counsel for the State. --------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.)
The petitioner is impugning the office memorandum dated 25.02.2025, whereby the respondents were pleased to declare the technical bid of the petitioner as non-responsive.
2.
At the outset, learned Standing Counsel for the State would submit that the writ petition is rendered redundant in view of the fact that almost 99% of work allotted under the tender has been completed. He would clarify the same by stating that he has been instructed by the fourth respondent to submit so.
3.
Per contra, learned counsel for the petitioner
2025:UHC:3855-DB 2 would vehemently oppose the same and would submit that the works have not been completed and the rejection is per se illegal.
4.
Be that as it may, in view of the submission made by learned Standing Counsel for the State, we are of the view that the instant writ petition may not survive for consideration on merits and any consideration would be academic in nature.
5.
In that view, we are of the considered opinion that the writ petition may be disposed of by granting liberty to the petitioner to move the Civil Court for damages, if he so desires.
6.
With the above observation and liberty, the writ petition stands disposed of.
(G. NARENDAR, C. J.)
(ALOK MAHRA, J.) Dated: 14.05.2025 BS BALWAN T SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c 02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB55 3DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.26 12:58:32 +05'30'