M/S OPAASS PHARMACEUTICALS PVT. LTD. v. STATE OF U.P. AND 2 OTHERS
WRIC/3187/2022 · 2025-10-09
Prakash Padia, Vivek Saran
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7563 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7563 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 3187 of 2022 Court No. - 2 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred the present petition with the following prayers :-
"(i) Issue a writ, order or direction in the nature of CERTIORARI calling for the records of the case and QUASHING the impugned order dated 13-01-2022 issued by the respondent No.2 (Annexure 1 to this writ petition)
(ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondent to allow the petitioner to work in pursuance to the order dated 07-01-2022 (Annexure 6 to this writ petition) Since the order dated 07-01-2022 is still operative and neither it has been canceled nor it has been suspended, and as such the respondent may be directed to allow the petitioner to work."
2. Facts in brief as contained in the writ petition are that pursuant to the tender notice dated 20.12.2021, the petitioner submitted tender application and deposited N.S.C. of Rs.54,500/- along with tender form. Since the petitioner's tender was found at the lowest, the Tender Committee accepted the tender of the petitioner vide order dated 07.01.2023 and the petitioner was directed to complete the formalities within 15 days. It is further stated in the writ petition that after completion of the formalities, after about six days, entire tender process was cancelled by the respondents vide order dated 13.01.2022. The order dated 13.01.2022 reads as follows:- कायार्लय िनदेशक एवं प्रमुख िचिकत्सा अधीक्षक यू०एच०एम० िजला पुरूष िचिकत्सालय कानपुर नगर Versus Counsel for Petitioner(s) : Brijesh Kumar Verma, Mohd. Samiuzzaman Khan, Sr. Advocate Counsel for Respondent(s) : Sudhakar Shukla M/S Opaass Pharmaceuticals Pvt. Ltd. .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
संख्याः यूएचएम/िनिवदा/2022/7049 िदनांकः जनवरी 13, 2022 आदेश - इस कायार्लय की पूवर् प्रकािशत िवज्ञिप्त संख्या यूएचएम/ िनिवदा/2021-22/6471 िदनांक 20-12-2021 जो औषिधयों के स्थानीय क्रय हेतु िविभन्न स्थानीय समाचार पत्रों मे प्रकािशत की गई थी, त्रुिटवश ई-टेण्डर न होकर के वल िनिवदा आमंित्रत हुई थी, को तात्कािलक प्रभाव से िनरस्त िकया जाता है। िनदेशक एवं प्रमुख िचिकत्सा अधीक्षक यू०एच०एम० िजला पुरूष िचिकत्सालय कानपुर नगर
3. It is argued by learned counsel for the petitioner that once the tender of the petitioner was found lowest and the same duly accepted, there was no occasion for the respondent No.2 to cancel the tender proceedings. 4.
On the other hand, it is argued by learned Standing Counsel that order impugned was rightly passed by the respondent No.2/Director Evam Chief Medical Superintendent U.H.M. District Hospital (Male) Kanpur Nagar as the same has been passed after going through the entire facts and circumstances of the case and the order impugned does not call for any interference by this Court. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it is clear that tender was issued for the financial year 2021-22 and 2022-23 and the aforesaid period has already been ended. 7. In this view of the matter, we are of the opinion that the present petition has become infructuous for all practical purposes. 8. Accordingly, the writ petition is dismissed as having become infructuous. 9. Interim order, if any granted earlier, stands vacated. October 10, 2025 saqlain WRIC No. 3187 of 2022 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad