Nandan Singh Chauhan vs. State Of Uttarakhand
Facts
The petitioner, Nandan Singh Chauhan, filed a writ petition seeking inclusion in the financial bid opening process for a tender invited by the State of Uttarakhand for lifting food-grains and sugar. The tender notice dated 10.07.2023 specified a last date of 17.07.2023 for e-tender submission, requiring an e-treasury challan of Rs. 600/- plus 18% GST. The petitioner claims the respondent's portal was non-functional from 15.07.2023 to 18.07.2023, preventing him from depositing the fee. He attempted to submit the challan on 18.07.2023 after the portal became functional, but it was not accepted, and his financial bid was not opened. The respondents stated that the contract has already been awarded and the work has commenced.
Held
The Court found the action of the respondents to be unreasonable and unfair, acknowledging that their portal was admittedly not working from 15.07.2023 until 18.07.2023. The Court reasoned that it would have been fair to extend the tender submission time until the portal became operational. A bidder like the petitioner, who could not deposit the fee due to the portal's failure and had raised a grievance promptly, should not have been disadvantaged. The Court held that the petitioner had been wronged. However, considering that the contract had already been awarded and the contractor was performing the work, the Court was not inclined to interfere with the award of the contract at that stage. The Court left it open for the petitioner to pursue remedies for damages from the respondents, to be adjudicated by the competent court on its merits. The petition was disposed of on these terms.
Key Issues
1. Whether the action of the respondents in rejecting the petitioner's e-challan and excluding him from the financial bid opening process was arbitrary and unfair, considering the admitted non-functionality of their portal during the stipulated submission period? (Question of mixed law and fact, concerning principles of natural justice and tender conditions). Petitioner's Contention: The petitioner argued that the respondents' portal being non-functional prevented him from complying with the tender requirements within the stipulated time. He contended that his attempt to deposit the fee on 18.07.2023, immediately after the portal became operational, should have been considered, and his exclusion was unjust, especially since he had raised a grievance on 17.07.2023. Respondents' Contention: The respondents, through their counsel, submitted that the financial bids of technically qualified bidders were opened, the contract was awarded, and the contractor had commenced work. They did not explicitly argue on the merits of the portal issue but highlighted the post-award status.
Sections Cited
None explicitly discussed or named in the judgment.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE THE CHIEF JUSTICE SRI VIPIN SANGHI AND THE HON’BLE SRI JUSTICE RAKESH THAPLIYAL
WRIT PETITION (M/B) NO. 193 OF 2023
2ND AUGUST, 2023
Between:
Nandan Singh Chauhan
…… Petitioner
and
State of Uttarakhand & others …… Respondents
Counsel for the petitioner : Mr. Lalit Samant, learned counsel
Counsel for the respondents : Mr. Pradeep Joshi, learned Additional Chief Standing Counsel for the State
The Court made the following:
JUDGMENT: (per Hon’ble The Chief Justice Sri Vipin Sanghi)
Issue notice. 2)
Learned counsel appears and accepts notice on behalf of the respondents. 3)
The petitioner has preferred the present writ petition to seek a direction to respondent No. 5, i.e., the Tender Evaluation Committee, through its Chairman,
2 Additional District Magistrate, Bageshwar, to include the petitioner in the financial bid opening process, and to treat his e-challan fee, as submitted within the stipulated time. 4)
The respondents invited tender v
The judgment continues below.
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