LAWS(UTN)-2024-8-63

S.S.FILLING STATION Vs. STATE OF UTTARAKHAND

Decided On August 14, 2024
S.S.Filling Station Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner seeking the following reliefs:-

(2.) Petitioner is a proprietorship firm and deals in retail business of petroleum. They decided to extend their business. Now they have GST Registration No. 06APJPK7687M2Z0 and also have GST HSN Code 2306.

(3.) Respondent No. 2 issued a tender notice on 13/12/2023 for supply of various items including production of DORB (D-Oiled Rice Bran) and other items. The petitioner participated in the bidding process for production of DORB. On 6/1/2024, the Bid Evaluation Committee opened the technical bid of all the bidders and technically disqualified the petitioner firm on the ground that "the petitioner firm had applied for rectification in GST HSN after the publication of tender notice." Thereafter, respondent No. 2 re- tendered for supply of DORB on 23/2/2024, in which also the petitioner participated, and on 1/3/2024, the petitioner firm was disqualified in the technical evaluation on the ground of non- availability of experience certificate. The respondent- Department awarded the tender in favour of M/s Laxmi Foods for the total bid amount of Rs.13,88,25,000.00 for supply of DORB. The petitioner firm made complaints to respondent No. 2 regarding the mala fide attitude of the respondents.