Himachal Pradesh High Court
Mushtaq Ahmed vs . State Of H.P. & Ors. on 4 October, 2023
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Jyotsna Rewal Dua
Mushtaq Ahmed Vs. State of H.P. & Ors.
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CWP No. 4709/202304.10.2023 Present: Mr. Shriyek Sharda, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Mr. Pranay Pratap Singh, Additional Advocates General, Mr. Arsh Rattan & Mr. Sidharth Jalta, Deputy Advocates General, for respondents, 1,2, 4, 5, 6 and 8.
of Ms. Parul Negi, Advocate, for respondents No.3, 7 and 9.
CWP No. 4709/2023 & CMP No.9105/2023 rt Heard learned counsel for the petitioner, learned Additional Advocate General for respondents no. 1,2, 4, 5, 6 & 8 and Ms. Parul Negi, learned counsel, for respondents no.3,7 and 9. 10th respondent though served but not represented.
2. This application has been filed by the petitioner seeking stay of operation of impugned notice dt. 03.07.2023 & award letter dt. 21.04.2023 and for a direction to implement letter dt. 10.10.2022.
3. Admittedly, 5th respondent invited on-line technical bids for certain works including the work of transportation/hauling of specified essential commodities to the Fair Price Shop attached to the Wholesale Center/Godowon Shanan of Himachal Pradesh State Civil Supplies Corporation vide tender notice no.FDC-SME Tender 2022-23 dt. 26.09.2022. The estimated cost of tender was Rs.52,22,990/- and the tender was to be alloted for two years from September 2022 to September 2024.
::: Downloaded on - 05/10/2023 20:36:32 :::CIS4. The petitioner participated in the tender process and vide Annexure P-2 dt. 10.10.2022, he was allotted Door Step .
Delivery for 49 Retail Depots, since he was the highest bidder.
5. The petitioner contends that, thereafter, out of 49 depots allotted to him, 7 were allotted to 10th respondent vide of Annexure P-3 dt. 21.04.2023 allegedly through a Route Optimization Process, which is reiterated in Annexure P-4 dt.
rt 03.07.2023.
6. The petitioner further contends that once 49 depots have been handed-over to him on the basis of tender process held in September 2022 through award letter dt. 10.10.2022, it is not permissible for the respondents to take away 7 such depots and give them to 10th respondent on the pretext of Route Optimization Process.
7. Learned Additional Advocate General appearing for the respondents-State, however, placed on record a letter dt.
01.10.2022 addressed by 2nd respondent to all District Controllers of the Food, Civil Supplies and Consumer Affairs, Himachal Pradesh, referring to an algorithm/software program for optimization of routes for transportation of foodgrains and contends that on the basis of same, 7 depots were removed from petitioner's allotment and given to 10th respondent.
8. Prima facie, we are of the opinion that once a tender has been awarded to the petitioner on 10.10.2022 of 49 depots after ::: Downloaded on - 05/10/2023 20:36:32 :::CIS the petitioner became highest bidder in the process, it was not open to the respondents/State to take away 7 retail outlets .
allotted to him vide letters Annexure P-3 dt. 21.04.2023 & Annexure P-4 dt. 03.07.2023, and give the same to 10th respondent.
of
9. Therefore, there shall be an interim stay of operation of Annexure P-3 dt. 21.04.2023 and Annexure P-4 dt. 03.07.2023 rt and the respondents are directed to allow the petitioner to operate with 49 retail outlets mentioned in Annexure P-2 dt.10.10.2022 till September 2024.
List the matter for final hearing in due course.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 4th October, 2023(rohit) ::: Downloaded on - 05/10/2023 20:36:32 :::CIS