Efkon India Private Ltd. Thru. Auth. Signatory v. U.P. Expressways Industrial Dev. Authority Thru. Chief Executive Officer

Court No. - 3 Case :- WRIT - C No. - 7693 of 2023 Petitioner :- Efkon India Private Ltd. Thru. Auth. Signatory Respondent :- U.P. Expressways Industrial Dev. Authority Thru. Chief Executive Officer Counsel for Petitioner :- Shuchita Singh,Shataxi Shukla Counsel for Respondent :- Shiv Prasad Kushwaha Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Learned counsel for respondents has filed supplementary counter affidavit today and learned counsel for petitioner has filed supplementary rejoinder affidavit today and both are taken on record.

¶2Heard Sri S.C. Mishra, learned Senior Advocate assisted by Sri Prithvi Garg, Advocate and Mrs. Shuchita Singh, Advocate and Ms. Shataxi Shukla, Advocate for petitioner and Sri S.B. Pandey, learned Senior Advocate and D.S.G.I. assisted by Sri Varun Pandey, learned counsel for respondents.

¶3Petitioner has approached this Court for a mandamus commanding the respondents to issue the Letter of Award in favour of petitioner as per Clause 5.6 of the RFQ-cum-RFP document and for quashing/setting aside the decision of the respondents in rejecting the bid of the petitioner as well as notice for cancellation of e-tender published on E-Tender portal on 04.09.2023.

¶4Learned counsel for petitioner states that the order published on the portal does not indicate any reason whatsoever. Learned counsel for petitioner places reliance upon the judgment passed by Supreme Court in case of 'Mohindhr Singh Gill and Another Vs. Chief Election Commissioner, New Delhi and Others'; reported in (1978) 1 SCC 405 to substantiate that the order is without any reason and no further reason can be assigned by respondents by way of counter affidavit.

¶5Sri S.B. Pandey, learned D.S.G.I. stats that respondent authority withdraws the said cancellation order and seeks liberty to pass fresh order after giving an opportunity of hearing to petitioner.

¶6Liberty as prayed is granted.

¶7Such a reasoned and speaking order, after hearing, shall be passed by the respondent authority within three weeks from today.

¶8With the aforesaid, the writ petition is disposed of. Order Date :- 17.10.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench