- (1.) The writ Petitioners have filed this writ petition for quashing condition No. 3 of deposit of solvency certificate in the name of the partnership firm as mentioned in the technical bid sheet issued from the office of the Executive Engineer, National Highway Division, Public Works Department, Moradabad in regard to the auction notice dated 24th of April, 2010 in respect of collection of toll tax on NH-119. Meerut Pauri Marg, KM-68 situated at Ganga Barrage Bridge. The writ Petitioners further prayed to allow them to participate in the auction bid. The writ Petitioners also prayed not to reject the tender document submitted by them for collection of toll tax. The writ Petitioners, lastly prayed that the solvency certificate of the partnership firm be treated as guarantee on the part of the firm.
(2.) According to us, it is, by and large, a commercial dispute and with limited scope only, we can interfere with it in the writ jurisdiction. From the condition of the technical bid, we find that the solvency certificate of Rs. 400 lacs of the firm is required for the purpose of entrusting the work. According to the writ Petitioners, this clause is arbitrary in nature to eliminate the small entrepreneurs, who have clubbed together and formed a firm for the purpose of carrying out the business. From the annexures to the writ petition, we find that there are six partners and their shares in the partnership have been specified in Annexure-2 to the writ petition, but the present writ petition has been filed only by the partnership firm and one partner supported by the affidavit of Satya Pal Singh, R/o Village and Post Office- Bamnauli, District Baghpat. Initially, we found that Satya Pal Singh is husband of one of the partners, namely, Smt. Jagdish Kaur, but she is resident of C-37, Pandav Nagar, Meerut. Good, bad or indifferent, no authorisation on the part of such Satya Pal Singh is available with us excepting the description in the affidavit that he is pairokar of the firm.
(3.) Background of this dispute is required to be discussed herein. In an earlier occasion, a writ petition, being Civil Misc. Writ Petition No. 16786 of 2010. Jai Singh v. State of U.P. and Ors. was disposed of by a Division Bench of this Court presided over by one of us (Amitava Lala, J.), whereunder the Division Bench has shifted the place of tender to different Commissionery, i.e., Commissioner, Bareilly Division to maintain the transparency with regard to the public auction in entrusting the job. Such order was passed by this Court on 31st of March, 2010. In compliance of such order, fresh tender notice has been issued and it is going to be held by the end of this month. Yet another writ petition has been filed by the name of firm. It is significant to note that a further writ petition was filed by M/s. Gaurav Traders and another, was dismissed for non-prosecution on 1st of April, 2010.;