LAWS(ALL)-2020-3-88

NARAYAN VERMA Vs. STATE OF U.P.

Decided On March 17, 2020
Narayan Verma Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Challenge in this petition for writ is given to the direction of the Government of Uttar Pradesh circulated under a letter dated 16th August, 2019 to the effect that all the contractors registered with any of the government department shall entitled to participate in tender process relating to any work pertaining to the district panchayat. The decision aforesaid was taken with an object to have a better and broader choice of contractors to undertake civil works available with district panchayats.

(2.) The argument advanced by learned counsel appearing on behalf of the petitioners is that the Uttar Pradesh Kshettra Samitis and Zila Parishads Works Rules, 1984 (hereinafter referred to as the Rules of 1984) does not permit a contractor not registered as per Rule 18 of the Rules of 1984 to participate in tender process and to have work of district panchayat on contract.

(3.) It is stated that a Division Bench of this Court at Lucknow in Ashok Kumar Singh & others Vs. State of U.P. and others (Writ Petition (MB) No.6025 of 2020) has already adjudicated the issue and declared the decision impugned illegal. The relevant part of the judgment aforesaid reads as follows:-