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M/S FEROBUILD HARD INDIA PVT. LTD. AND ANOTHER versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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M/S Ferobuild Hard India Pvt. Ltd. And Another v. Union Of India And Others - WRIT - C No. 57867 of 2006 [2006] RD-AH 18093 (26 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.10

             Civil Misc. Writ Petition No. 57867 of 2006                        

M/S Ferobuild  Hard India Pvt. Ltd.

and another  . . .  . . .  .. . . . . .  ... . . . . . . . ...  . .  .  . . . . . Petitioners.

                                   Versus

Union of India and others. . .  . . . .  . . .  . .  . . . .  .   . . .   Respondents.

        ----

Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,J.

This  is a writ petition for a direction to the respondents   to quash  tender dated 18.4.2005 and consequential order/letter dated 7.9.2006 of the U.P. Health System Development Project, Lucknow ( Annexures no. 2 and 1  respectively to the writ petition and to allot tender  to the petitioners  in view of  the letter dated 25.4.2006 ( Annexure no. 12 to the writ petition ) issued by respondent no. 5.

We have heard learned counsel for the petitioners and the learned   Counsel for the  contesting respondents.

Considering the grievance of the petitioners, we direct the learned counsel for the petitioners to file a fresh and comprehensive representation along with certified copy of this order as well as complete copy of  the writ petition with all Annexures before the Principal Secretary ( Medical & Health Services ), Secretariat, U.P. Lucknow (respondent no. 3 to the writ petition ) within three weeks from today and on such representation being filed, as stipulated above, the concerned  authority shall decide the same   within twelve weeks of the receipt of the representation as contemplated  above, exercising its unfettered discretion on the basis of record before him in accordance with relevant Rules, Government Orders, Scheme/Policy after hearing the parties concerned without being influenced by any of the observations in this judgment since this court has not entered into merits of the present case.

Till decision of the petitioners' representation, the respondents shall not proceed with award of the work on the basis of the  tender issued and the respondents including the  Project Director  shall  not finalize  the tender with respect  to Allahabad and Varanasi and the same will be subject to the decision  of  the petitioners' representation.

Writ Petition is finally disposed of subject to the above directions.

No order as to costs.

Dated: 26.10.2006

RPP


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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