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A petition has been filed in the High Court of Uttarakhand under Article 226 of the Constitution of India to quash the impugned Tender No. 297/HDS-PP/2021-22 dated 04/05/2021 issued by the Respondent No. 2 inviting bid from firms/ Companies engaged in construction of Polyhouses and Shednets for the year 2021-22 (herein after to be referred as the “Impugned Tender”) as the same is in against to the registration granted to the Petitioners in the year 2017 which is valid till the year 2022.

The petitioners through their Advocate(s) Rohit Arora and Ravi Sehgal filed the instant petition and claimed that the impugned Tender has been issued in gross violation of the principles of natural justice and the fundamental right guaranteed under Article 14 and 19(1) (g) of the Constitution of India.

According to the plea the Petitioners are registered and empanelled with the Respondents for the construction and development of polyhouses and shednet since the year 2017 and the said registration/ empanelment was valid till 31/03/2022. The Respondent No. 2 vide letter dated 06/06/2017 have clearly stated the same. It must be noted that said applications were invited under the Horticulture Mission for North East and Himalayan States (herein after to be referred as “HMNEH”) being operated under the Mission for Integrated Development of Horticulture (hereinafter to be referred as “MIDH”) by the Respondent.

“The Petitioners in the year 2020 have already faced a major dent on their financial front due to the COVID -19 pandemic and the restrictions imposed resultant thereto. Further, the upsurge of the COVID-19 pandemic again in the year 2021 and May being the peak of the COVID-19 second wave as being suggested by various experts. Hence, the action of issuance of the impugned Tender would provide to be detrimental to the business sentiment of the Petitioners.”- Excerpt from the plea.

The Petitioners on getting the knowledge of the impugned Tender filed a detailed representations dated 05/05/2021 before the Respondent No. 2 i.e. Director, Horticulture and Food Processing Department inter-alia requesting the latter to withdraw the impugned Tender for the following reasons:

• The impugned Tender is invalid, wrong and in gross contravention of the principles of natural justice. Because their registration is valid till 31/03/2022 and hence, a tender cannot be floated to invite bids for the year 2021-22.  
• The whole world had been hit by the COVID-19 pandemic in the year 2020 and the after-effect lasted till December’20. As they were slowly recovering from the pandemic, the second wave of the COVID-19 pandemic has struck them and the whole country in the worst manner leaving all the business process handicapped.
• The EMD of Rs. 33,65,000/- is humongous and magnificent amount which would be very difficult to deposit in this time of COVID-19 pademic.

“The Respondent No. 2 vide the reply dated 10/05/2021 have erroneously stated that the said impugned Tender has been issued as per the provisions of the Uttarakhand Procurement Rules, 2017 and it is erroneously replied that, as per one of the conditions of the registration granted to the Petitioners, it is stated that if necessary, the registration process can be renewed or revoked without stating a reason for the same.” – Excerpt from the plea.

Hence, the present petition is filed in the Court with the urge to grant the following reliefs -

1. Issue a writ, order or direction, in the nature of certiorari, quashing the impugned Tender dated 04/05/2021;
2. Issue a writ, order or direction, in the nature of mandamus, directing the Respondents to maintain the status quo and to not to proceed with proceedings of the Impugned Tender dated 04/05/2021; and
3. Issue any other writ, order or direction; and /or allow any other consequential relief as expedient in law, on the facts and circumstances of the case.

The plea would probably be heard on Thursday (20th May, 2021)

Case title - M/s. Ideal Agri Business Services & Ors. V. Union of India & ors. 2021