IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. OF 2022 (arising out of SLP(C) No. 15345/2022)

G.S. EXPRESS PVT. LTD. Petitioner(s)

VERSUS

STATE OF UTTAR PRADESH & ORS. Respondent(s)

O R D E R

1. Leave granted.

2022.

2. Heard the learned senior counsel for the parties and perused the appeal papers.

3. Learned senior counsel for the appellant, contended that in respect of the contract for construction, for establishment of new medical college attached to the District Referral Hospital, Amethi (U.P.), the appellant was the successful tenderer/ contractor. Though, Letter of Acceptance ( for short 'LoA') was issued in their favour, the same was subsequently withdrawn unilaterally on 03.06.2022 and through a subsequent corrigendum dated 21.06.2022, the tender notification, pursuant to which the consideration has been made, was also withdrawn. It is in that light, the appellant, claiming to be aggrieved, was before the High Court in Writ-C No. 4184 of Digitally signed by ARJUN BISHT Date: 2022.10.22 11:34:36 IST Reason: Signature Not Verified

4. The High Court, having taken note of the grievance put forth on behalf of the appellant has not adverted to the merits of the matter to consider the correctness or otherwise of the action of the respondent (s). However, the High Court on only taking note that a fresh tender would be floated by the respondent (s) and all bidders including the appellant would be entitled to participate, has disposed of the said Writ Petition.

5. The learned senior counsel for the appellant would however, point out that the very reason for which the LoA was withdrawn, is a matter which requires consideration in as much as, it effects the right of the appellant and casts a slur on their reputation since, the allegations, as made against the appellant, would not be justified and all the tender conditions and requirements had been met with, at the first instance, as had been assessed in the technical evaluation. 6. Though, the learned senior counsel for the respondent (s) seeks to justify the action of the respondent(s), from the very counter affidavit filed before this Court it would indicate that the initial action taken by the respondent (s) to withdraw the LoA, was objected to by the appellant. But it had not been decided one way or the other by the respondent(s) or by the High Court. In such a situation, without determining

the right of the appellant in the light of the grievance put

2

forth, a subsequent tender notification being floated, would not be justified at this stage and that alone ought not to have prompted the high Court to dispose of the Writ Petition in the manner in which it has been done.

7. As already noted above, the High Court has not adverted to the merits of the matter and decided one way or the other. In such a situation, it would not be appropriate for us, at the first instance, to get into the rival contentions with regard to the factual aspects for a determination herein.

8. Accordingly, we deem it appropriate to set aside the Order dated 07.07.2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Writ-C No. 4184 of 2022 and require the High Court to allow the parties to complete their pleadings and decide the matter one way or the other on its merits in accordance with law.

9. In the meanwhile, considering that the respondents have floated the tender dated 10.10.2022, allowing the same to proceed would be detrimental to the interest of the appellant. In that view, till consideration on merits is made by the High Court, the said process shall remain stayed and thereafter yield to the decision to be taken by the High Court.

10. Considering that the tender relates to the construction of a medical college hospital and the need for completing the said construction is a priority, we request the High Court to

3

list the Writ petition bearing Writ-C No. 4184 of 2022 before the appropriate Bench on 10th November, 2022 as first date and the High Court will regulate the proceedings thereafter and dispose of the matter as expeditiously as possible and in accordance with law.

11. All contentions of the parties are left open to be urged before the High Court.

12. With the above directions/ observations, the appeal is disposed of.

13. Pending application(s), if any, shall stand disposed of.

...................J. (A.S. BOPANNA)

...................J. (PAMIDIGHANTAM SRI NARASIMHA)

New Delhi 20th October, 2022

ITEM NO.27 COURT NO.12 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 15345/2022

(Arising out of impugned final judgment and order dated 07-07-2022 in WC No. 4184/2022 passed by the High Court Of Judicature At Allahabad, Lucknow Bench)

G.S. EXPRESS PVT. LTD. Petitioner(s)

VERSUS

STATE OF UTTAR PRADESH & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.127746/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.127748/2022-EXEMPTION FROM FILING O.T. and IA No.127751/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 20-10-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Mr. Mukul Rohatgi, Sr. Adv.<br>Mr. Ranjit Kumar, Sr. Adv.<br>Mr. Prasenjit Keswani, Adv.
Ms. Sonia Dube, Adv.
Mr. Upmanyu Tewari, Adv.
Mr. Pratham Mehrotra, Adv.
Mr. Keshav Sehgal, Adv.
Mr. Surbhi Anand, Adv.
M/S.<br>Legal Options, AOR
Mr. R.K. Raizada, Sr. Adv.
Mr. Ajay Vikram Singh, AOR
Ms. Priyanka Singh, Adv.
Mr. Sharjeel Ahmad, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted. The appeal is disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)