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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  RD-AH 18093 (26 October 2006)
Civil Misc. Writ Petition No. 57867 of 2006
M/S Ferobuild Hard India Pvt. Ltd.
and another . . . . . . .. . . . . . ... . . . . . . . ... . . . . . . . . Petitioners.
Union of India and others. . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble A.K. Yog,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.
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