Uttarakhand HC Dismisses Writ Petition for Quashing Tender Notice

Must Read

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India &...

Follow us

On 19th August 2020, a Single Judge Bench of Hon’ble Mr. Manoj K. Tiwari heard the case of Chandra Mohan Phutela v. State of Uttarakhand and Others via video conferencing.

Facts of the case

In this case, the petitioner is a Transporter who is engaged in the business of transportation of food-grains and for this purpose, he is registered with the Regional Food Controller, Kumaon Region, Haldwani. He was awarded a contract for transporting food-grains during the financial year 2019-20 and an extension was granted to him in view of the Covid-19 Pandemic. 

A tender notice as well as a corrigendum which was issued by the respondent was challenged by the petitioner in this case, on the sole ground that no schedule rate had been fixed for the work of handling and transportation of food-grains. The petitioner has relied upon the letter issued by the respondent to the Commissioner Food and Civil Supplies, Uttarakhand.

The petitioner has thus sought the following reliefs:

  • Issue a writ, order or direction in the nature of certiorari to quash the impugned tender notice as well as the corrigendum issued by the respondent.
  • Issue a writ, order or direction in the nature of mandamus directing the respondent to fix the Schedule-Rates for Handling and Transportation of Goods as requested by the Regional Food Controller and only then initiate the fresh tender process by disclosing the Schedule Rate in the tender document.

Petitioner’s Submissions

Learned Senior Counsel appearing for the petitioner submitted that fixation of rate schedule is mandatory and since no rate schedule was fixed before issuing the tender notice, therefore, the entire tender process was vitiated on this ground alone.

Respondent’s Submissions

A Counter Affidavit was filed by the respondent which contained a statement that the Ministry of Food and Public Distribution, Government of India had directed the State Government to fix the schedule of rates for the transportation and handling of food-grains.

Court’s Observations

The Court based on its observations said that the letter was issued for a different purpose altogether, namely, to consider the request of existing transporters for extension of the contract for the current financial year at 2% lesser rates than the rates for the previous year (2019-20). Although, in the opening sentence of the said letter it is mentioned that due to non-fixation of schedule rates for the work of transportation and handling of food-grains, some problems are being faced, however, the statement alone is not sufficient to set-aside the tender notice and the corrigendum issued by the respondent.

The Court also inferred that it is the Central Government, which pays the handling and transportation charges in respect of food-grains distributed through Public Distribution System, therefore, the Central Government had directed the State Government to fix the schedule of rates for guidance of the concerned authorities responsible for handling and transportation of the food-grains within the State. However, the direction issued by the Central Government is not law, therefore, violation, if any, of such direction will not render the tender process invalid, as contended by learned Senior Counsel for the petitioner. 

The Court further observed that the relevant provisions of Uttarakhand Procurement Rules, 2017 dealing with procurement of services by the Government/Government Agencies were also absolutely silent and they did not provide that the fixation of schedule rate would be a necessary condition in every notice inviting tender.

Court’s Order

The Court did not find any valid reason for interfering with the tender notice and the corrigendum issued by the respondent. Similarly, no direction could be issued to fix the schedule rate for handling and transportation of the goods, as prayed in the writ petition. Thus, the Court dismissed the petition. 


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -