RAM KRISHNA JAYARA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Shri Jitendra Chaudhary, learned counsel for the petitioner, Shri B.S. Parihar, learned Additional Chief Standing Counsel for the State and Shri Shailendra Singh Chauhan, learned counsel for respondent nos. 2, 3 & 4.

(2.) Petitioner is a registered partnership firm comprising of five partners, namely, Shri Khushal Singh Jayara, Shri Manmohan Singh Jayara, Shri Kuldeep Jayara, Shri Kailash Jayara and Shri Deeepak Jayara. On 24/6/2017, a power of attorney was executed in favour of Kuldeep Jayara by other four partners and thereunder authority was given to the donee, i.e., Kuldeep Jayara to participate in any tender matter on behalf of the firm vide Clause 4 of the Power of Attorney. On 2/3/2024 respondent no.2 issued a notice inviting tender and it also includes a work relating to construction of a road under Pradhanmantri Gram Sadak Yojna. The petitioner-firm through Shri Kuldeep Jayara acting for himself and as power of attorney holder of the other four partners submitted a bid on behalf of the firm. The bid of the firm has been rejected in the technical round by stating as follows:

(3.) The petitioner firm through its partner Kuldeep Jayara being aggrieved by the rejection of its bid on technical ground has filed the present writ petition for the following reliefs: