Uttarakhand High CourtWPMS/1571/2020 on 17 September, 2020Author:Sharad Kumar SharmaBench:Sharad Kumar SharmaWPMS No. 1571 of 2020\nHon'ble Sharad Kumar Sharma, J.(Via Video Conferencing)\n      Mr. Rahul Adhikari, Advocate, holding\nbrief of Mr. Ganesh Kandpal for the\npetitioner.Mr.    Rakesh     Kunwar,     Additional\nStanding Counsel for the State.The petitioner has filed this writ\npetition for the following reliefs:" i.   Issue a writ, order or direction in the nature\n         of certiorari to quash the entire tender\n         proceeding conducted pursuant to the tender\n         notice dated 21.08.2020 published on\n         23.08.2020 (contained in annexure no.1) to\n         this writ petition.ii.    Issue a writ, order or direction in the nature\n         of mandamus directing the respondents to\n         issue a fresh tender notice.iii.   Issue a writ, order or direction in the nature\n         of mandamus directing the respondents,\n         petitioner be permitted to continue\n         supplying the meals to the COVID Centers\n         in the same term and condition as is being\n         supplied by him."The petitioner was one of the bidders,\nwho was interested to participate in the\nbidding process, which was initiated in\npursuance to the Tender Notice dated 21st\nAugust, 2020, published on 23rd August,\n2020.The grievance of the petitioner is that\nthe respondents have resorted to twin Bid\nsystem and as per terms of the Tender\nNotice, the Bids were to be opened on 28th\nAugust, 2020 itself. But, the grievance of\nthe petitioner is that in the tendering\nprocess, which has been culminated in\nfavour of respondent no.3 herein, the Bid\n process, which was otherwise to be\ncompleted on 28th August, 2020, a partial\nproceeding was held on 28th August, 2020\nand remaining part i.e. opening of the\nfinancial Bid was taken on 29th August,\n2020. The fact remains and it is being\nargued by learned Standing Counsel also\nthat the concluded contract has already\nbeen executed in favour of respondent no.3\nand the work order has been issued and\nparticularly, this Court being conscious of\nthe fact that since the work pertains to\nsupply of meals to the COVID patients,\nthere cannot be an interim order by this\nCourt while entertaining the writ petition.Hence, the petitioner confines his\nreliefs that the entire allegations which has\nbeen raised by him in the writ petition, also\nconstitutes as to be part of his\nrepresentation, which he has submitted\nbefore the District Magistrate on 31st\nAugust, 2020 be directed to be decided.Accordingly, the representation thus\nsubmitted by the petitioner before the\nDistrict Magistrate is being directed to be\nconsidered and decided by the District\nMagistrate, with a reasoned and speaking\norder within a period of four weeks from the\ndate of production of certified copy of this\nOrder.Accordingly, the Writ Petition is closed\nand it is disposed of subject to the above\nobservations.(Sharad Kumar Sharma, J.)\n                        16.09.2020\nKaushal