MAA SHAILPUTRI ASSOCIATES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the tender notice dtd. 17/1/2023, issued by respondent no.3, by which fresh bids have been invited through E-tendering process for construction of 60 meter span steel guarder bridge in Lachampur (Nakel), District Nainital. The petitioner also seeks quashing of the rejection order dtd. 16/1/2023, passed by respondent no.3, whereby reply to the show-cause notice to the petitioner has been rejected. The petitioner also seeks a direction to the respondents to refrain from rejecting petitioner's bid in response to the E-tender dtd. 19/7/2022. Other reliefs have also been sought on the same lines.

(2.) On 19/7/2022, respondent no.3 had invited E-tender in two bid system for construction of 60 meter span steel guarder bridge in Lachampur (Nakel), District Nainital. The petitioner participated in the tendering process alongwith other bidders. On 29/9/2022, the technical bid of the petitioner was approved, apart from three others. The financial bids were opened and the petitioner emerged as L1 bidder. After some time, the petitioner was issued a notice/ communication dtd. 2/12/2022 by the respondents. The said communication asked the petitioner to explain the position with regard to the constitution of the partnership deed. The notice stated that the petitioner had provided alongwith its bid, the amended partnership deed dtd. 30/1/2021, as per which, one partner, i.e. the party of second part desired to retire from the firm, whereas, the first partner desired to continue the business and the firm. We may notice that the first partner is Mr. Sanjay Dorvi, who is pursuing these proceedings. The partnership deed dtd. 30/1/2021 further recorded that two partners, namely Manju Dorvi and Pooja Dorvi, were being inducted, as the second and the third parties.

(3.) The respondents raised the issue with the petitioner, that the outgoing partner had not signed the amended partnership deed dtd. 30/1/2021. The petitioner was granted time to response to the notice. The petitioner sent its reply dtd. 8/12/2022. Thereafter, the respondents proceeded to cancel the tender, and issued a fresh tender on 17/1/2023.