VIKRAM SINGH GILL Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2013-12-87
HIGH COURT OF UTTARAKHAND
Decided on December 09,2013

Vikram Singh Gill Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) In these two writ petitions, the issue pertains to a particular right over the fishing pond known as "Baur and Haripura Reservoir", which is situated in District Udham Singh Nagar. The fishing rights were to be auctioned for the year 2013-2014 in which number of applicants applied through their sealed cover tender forms. The bid was to be opened in favour of the highest bidder, as per Uttarakhand Procurement Rules.
(2.) As per the condition of the bid, a bidder has to give earnest money of Rs. 3,60,800/- before the bid was to be given. There were other tender conditions, such as; the applicant should submit a valid character certificate. Admittedly, in the said bid process, the petitioner i.e. M/s A & S Constructions has the highest bidder i.e. Rs. 78,60,786/-. The second highest bid for a sum of Rs. 70,00,786/- and the third bid was for a sum of Rs. 62,05,000/-. It is not disputed that the third highest bid of Sri Vikram Singh Gill, who is the petitioner in WPMS No. 2456 of 2013. For the sake of convenience WPMS No. 2456 of 2013 is the first petition and another WPMS No. 2548 is the second petition, here before this Court. Also for the sake of convenience, although the matter pertains to the same fishing rights, but the fact which are narrated to be stated in first writ petition.
(3.) While the bids were opened an objection was raised by the petitioner i.e. Vikram Singh Gill that the bid of M/s A & S Constructions and Electricals (petitioner in second writ petition) was not liable to be accepted because he had not filed an important document i.e. his Character Certificate issued by the concerned District Magistrate and the character certificate, which was filed by the petitioner was not a valid character certificate, as it had expired in the month of May 2013 itself. Therefore, it violates the condition of the bid, particularly condition No. 8, since the document has not been filed and its bid was liable to be rejected and not to be considered at all.;


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