Allahabad High Court
M/S Shiv Shakti Pipe Traders , Hardoi ... vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 23 September, 2024
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:65806-DB Court No. - 3 Case :- WRIT - C No. - 2841 of 2024 Petitioner :- M/S Shiv Shakti Pipe Traders , Hardoi Thru. Its Proprietor Sundaram Dwivedi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Minor Irrigation U.P. Govt. Civil Secrt. Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Mishra,Anita,Vinay Kumar Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of State-respondents.
2. This petition has been filed with the following main prayers:-
"(i) To, issue writ, order or direction in the nature of Certiorari, quashing the impugned order dated 29.01.2024 passed by the opposite party no. 2 i.e. Superintendent Engineer, Minor Irrigation Circle, A-2/12D, Vishal Khand Gomti Nagar Lucknow contained as (Annexure no. 1), in the interest of justice;
(ii) To, issue writ, order or direction in the nature of Mandamus commanding and directing the opposite party no. 2 i.e. Superintendent Engineer, Minor Irrigation Circle, A-2/12D, Vishal Khand Gomti Nagar Lucknow to release the security amount of Rs. 35.25 lakh in form of F.D.R. number 186100DP0024981 issued by the Punjab National Bank, in the interest of justice."
3. It is the case of the petitioner that for the financial year 2023-24, tender was invited for the supply of 1870 cubic meters of P-Gravel in Hardoi district of Lucknow Block through Gem portal notice dated 23.06.2023. The petitioner applied along with five other bidders. After technical evaluation, five bidders were found eligible. On 22.07.2023 reverse auction took place and the petitioner's bid was found to be the minimum and it was found 29.5 percent less than the departmental rate. The Committee decided to accept the bid of the petitioner. The petitioner completed all the formalities and a contract was signed between the parties after additional performance amount of Rs.35.25 lakh was made available.
4. The first supply order was issued on 10.08.2023. The petitioner was required to supply only 935 cubic meters of P-Gravel by 10.09.2023, of which 280 cubic meters was supplied by the petitioner upto 20.08.2023 and 468 cubic meters was supplied upto 31.08.2023 and 187 cubic meters was supplied upto 10.09.2023 at the destination Central Store Minor Irrigation Gaushala Saiya Purva behind Railway Station Hardoi. Even the conditions of the contract were complied with by the petitioner and 935 cubic meters of P-Gravel was supplied, but the Assistant Engineer (opposite party no.4) reported to the Superintending Engineer (opposite party no.2) that only 47.47 cubic meters was supplied by the petitioner.
5. A show cause notice was issued to the petitioner on 23.11.2023 by the Superintending Engineer alleging breach of the terms and conditions of the contract. The petitioner submitted his reply, which was not considered, and the impugned order has been passed blacklisting the petitioner, forfeiting his security amount and the extra performance amount.
6. Learned Standing Counsel for State-respondents has pointed out that the petitioner as well as the respondents are bound by the terms and conditions of the contract, a copy of which has been filed as annexure to the writ petition. He has pointed out paragraph nos.2, 4 and 5 thereof. Paragraph no.5 refers to the remedy of arbitration being available.
7. Learned counsel for the petitioner does not dispute the arbitration clause of the contract.
8. The petition is, accordingly, disposed of with liberty to the petitioner to approach the appropriate authority for appointment of an Arbitrator.
(Brij Raj Singh, J.) (Mrs. Sangeeta Chandra, J.) Order Date :- 23.9.2024 Arnima