NISHANT PAPNE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Special Appeal Nos. 201 and 203 of 2019 are preferred against the common order passed by the learned Single Judge in WPMS No.3716 and 3721 of 2018 dated 08.03.2019. Special Appeal Nos.202 and 205 of 2019 are preferred against the order passed by the learned Single Judge in WPMS No.3719 and 3720 of 2018 dated 11.03.2019.

(2.) All the appellants herein are tour operators who participated in the bidding process for operating Canter Buses in Dhikala Zone of Corbett Tiger Reserve for a six year period from 2018-19 to 2023-24. In terms of the Tiger conservation plan, as approved under Section 38-B of the Wild Life Protection Act, not more than four canter buses are permitted to ply with Dhikala Zone of Corbett Tiger Reserve each day consisting of two trips, one in morning and the other in the afternoon. All the appellants herein participated in the earlier tender process, pursuant to the tender notice dated 11.11.2018, and were found to be the lowest bidders. They were called upon to procure canter buses before being granted work orders. Even before work orders could be issued, the tender notice dated 11.11.2018 was cancelled by proceedings dated 07.12.2018; and a fresh tender notice was issued.

(3.) In the orders under appeal, the learned Single Judge, while taking note of the fact that the petitioner may have been the lowest bidders, opined that it did not create any right in their favour which obligated the respondents to enter into an agreement with them; clause 38 of the Tender Notice provided that it would be exclusively within the domain of the decision making process of the Director of the Corbett Tiger Reserve to cancel the tendering process without giving prior notice or reasons; since the tender process was cancelled before crystallization of any right which accrued to the petitioner on a contract being entered into, the petitioners could not complain of infringement of any fundamentally enforceable rights of theirs; cancellation of the tender could not be said to be either arbitrary or in violation of any of the terms of the Tender Notice; and, on the other hand, the cancellation order was passed in the exercise of the power reserved with the Director, Corbett Tiger Reserve. The writ petition was, accordingly, dismissed. Aggrieved thereby, the present Appeals.