Prakash & Associates (A Partnership Firm) v. State of U. P.
2016-06-06
V.K.SHUKLA, YASHWANT VARMA
body2016
DigiLaw.ai
JUDGMENT M/s. Prakash & Associates are before this Court with a grievance that at a point of time when the tender form was to be deposited, the office in question was lying nonfunctional/locked and further grievance has also been raised by the petitioner that the respondents have not at all adopted the procedure of e-tendering as is being followed in the other department of the State. 2. Sri Ayank Mishra, Advocate has entered appearance on behalf of respondents no. 2 to 5 and a precise submission has been made by him that the office of the Executive Engineer is open and incorrect statement of fact is being given by the petitioners that the office of the respondents is nonfunctional/locked. It has also been informed by him that one of the respondents, namely, Sri R. K. Singh, Assistant Engineer, Up Khand Adhikari has been authorized to accept tender forms, petitioners should right now visit the office where concerned officer is available. This statement in question has been made by him on the basis of instructions extended to him from Sri Devendra Prasad, who is present in court and has proceeded to convey the instructions in question. 3. Consequently, in the facts of the case, as the allegations and counter allegations are coming forward and a specific fact has been submitted that Sri R. K. Singh, the Assistant Engineer, Up Khand Adhikari is an authorized officer to accept the tender, who is available in the office, the petitioners forthwith should approach the office of the respondents to submit their tender forms provided the same fulfils the terms and conditions as are mentioned in the tender form. 4. As far as the second prayer in question, i.e., E-Tendering process for submission of forms, which was not submitted on-line same has been made applicable w.e.f. 1st July, 2016 and from the said date onwards entire process would be carried out by way of e-tendering as is done in other department for the contract above the value of Rs. 1 crore. With the above observations, the writ petition stands disposed of.