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2026 DAILYLAW 363 (UTT)

MS KOHLI ENTERPRISES v. UTTARAKHAND STATE COOPERATIVE FEDERATION LIMITED

WPMB/164/2026 · 2026-03-17

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:1797-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY 17TH MARCH, 2026 WRIT PETITION (M/B) No. 164 OF 2026 M/s Kohli Enterprises. …Petitioner Versus Uttarakhand State Cooperative Federation Limited and another. …Respondents Counsel for the petitioner. : Mr. Anil Kumar Joshi and Ms. Divya Tiwari, learned counsel. Counsel for the respondents. : Mr. Lalit Samant, learned counsel. JUDGMENT : (per Shri Manoj Kumar Gupta, C.J.) 1. Heard Mr. Anil Kumar Joshi, learned counsel for the petitioner, and Mr. Lalit Samant, learned counsel for the respondents. 2. The petitioner is aggrieved by Condition No. 1 in the Tender Notice, whereby the intending bidder should be a domicile of the State. It is submitted that such a condition, in Tender Notice dated 02.03.2026, is violative of Articles 14 & 19 of the Constitution of India. 3. Learned counsel for the respondents, on instructions, states that, in view of certain supervening events, the tender process has been kept on hold. 1 2026:UHC:1797-DB 4. Having regard to the said aspect, we permit the petitioner to represent to the respondents against Condition No. 1 of the Tender Notice, which restricts the eligibility to persons, who are domiciled in the State, and in the event such a representation is made within a week from today, the same shall be decided by the respondents by a speaking order, in case they decide to resume the tender process, which, at present, is lying suspended. 5. Accordingly, the Writ Petition stands disposed of. 6. All pending applications stand disposed of accordingly. ______________________ MANOJ KUMAR GUPTA, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 17th March, 2026 Rahul 2 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e 61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192 FCAD15C390A1AAD7B39857D2540AE4C28A48 98, cn=RAHUL PRAJAPATI Date: 2026.03.17 17:30:18 +05'30'