UKHC010071542025 2026:UHC:5501-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 07th July, 2026 WRIT PETITION (M/B) NO. 274 OF 2025 Umesh Singh ….Petitioner Versus State of Uttarakhand, through Secretary and others. …Respondents Counsel for the petitioner : Sri A.S. Rawat, learned Senior Advocate assisted by Sri Hardik Sah, learned counsel. Counsel for the respondents : Sri M.S. Bisht, learned Brief Holder for the State of Uttarakhand. ORDER : 1. Learned Brief Holder for the State has placed on record the instructions received from the Department, according to which, the tender process was initiated on GeM Portal and negotiation with L-2 is permissible only with the approval of the competent Authority. 2. The challenge in the instant writ petition is to the acceptance of the bid of respondent No. 5 in the technical round and as a result whereof, he came to be adjudged as L-1 bidder. 3. Respondent No. 5 has filed an affidavit stating that due to various reasons, he was not able to install hot-mix plant at the project site within the stipulated period of 15 days and he has no objection, in case the work is allotted to L-2 bidder. 4. In view of the said statement, Sri A.S. Rawat, learned Senior Counsel appearing for the petitioner, prays for withdrawal of UKHC010071542025 2026:UHC:5501-DB 2 the writ petition so that the Department proceeds further in the matter and examines the bid of the petitioner. 5. Accordingly, the writ petition is dismissed as not pressed. The Department shall proceed in the matter in accordance with law. 6. Pending application, if any, also stands dismissed accordingly. _____________________ MANOJ KUMAR GUPTA, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 07th July, 2026 Rathour PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1097d17dbb53d481cabd259 46eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B8E010331BA695239171F90 6FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2026.07.08 12:02:45 +05'30'