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2026 DAILYLAW 9100 (HP)

SHUBHAM VIJ v. THE MC SHIMLA AND OTHERS

CWP/8184/2026 · 2026-05-21

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.8184 of 2026 Decided on: 21.05.2026 Shubham Vij ..Petitioner Versus Municipal Corporation & Ors. ..Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the Petitioner : Mr. Ganesh Barowalia, Advocate. For the respondents : Mr. Mukul Sood, Advocate, for the respondents. G.S. Sandhawalia, Chief Justice(Oral) Notice. Mr. Mukul Sood, Advocate, appears and waives service of notice on behalf of the respondents. 2. By way of this writ petitioner, the petitioner seeks quashing of the impugned Corrigendum dated 29- 04-2026 (Annexure P-4), whereby, e-tender notice No.MCS/EE/RB/2026-773 dated 01.04.2026 regarding Resurfacing works stands cancelled and no tenders are to be entertained by the Department, in response to this notice. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 3. Counsel for the petitioner submits that the petitioner had qualified the technical bid and there was no valid reason not to open the financial bids. It is submitted that the impugned order is non-speaking, and therefore, the petitioner had filed representation dated 04.05.2026 (Annexure P-5) asking for the reasons for cancellation of the tender. 4. Keeping in view the above, we are of the considered opinion that since the order passed by the authorities does not depict any reasons and can be termed as non-speaking order, the same would be open to judicial review on the ground of arbitrariness. Resultantly, we are of the considered opinion that since the decision making is still to be done on the representation, we dispose of the present writ petition with directions to the competent authority to take decision qua the said representation by passing a speaking order within a period of two weeks from the date of the receipt of the certified copy of the judgment. It is also made clear that in case any adverse order is passed against the present petitioner, then his remedy is not to be foreclosed by the present litigation. 3 5. Accordingly, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice May 21, 2026 (Bipin Chander Negi) (mamta) Judge