Decided on November 28,2013

Uttarakhand Sewa Samiti Appellant
State of Uttarakhand and others Respondents


- (1.) The dispute in both the writ petitions is the same. Therefore, both the petitions are being heard and decided by this common judgment.
(2.) The petitioners have sought a writ of certiorari to quash the impugned order dated 16.09.2013 and the subsequent orders passed by the Uttarakhand Forest Corporation, by which an invitation of fresh bids for installation and operation of computerized weighing scale machines have been cancelled for Gaula River (including other rivers) and thereafter, respondent No. 5, whose contract had actually come to an end on June 2013, has been given further five years period to continue the work.
(3.) According to the petitioners, what is being done is totally in violation of Uttarakhand Procurement Rules. It is an admitted case that for the period from 2010 to 2013 a contract was executed between the Uttarakhand Forest Corporation and respondent No. 5, for weighing forest materials, which is passing from the Forest Check Posts and for which computerized weighing machines are to be installed. This work was outsourced to respondent No. 5 and its period was to come to an end on June 2013. As the period had to come to an end on June 2013, a meeting was called by the Uttarakhand Forest Corporation on 16.08.2013 whereby a decision was taken by the Forest Corporation to invite fresh tenders of the above work. From the perusal of Item No. 2.27 (5) of the minutes of said meeting, it is clear that it was resolved that the period of contract for the out sourcing work (which has been referred above), come to an end on 30th June, 2013, and for further work, fresh tenders be invited in accordance with law.;

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