Allahabad High Court

WRIC/12405/2025 of M/S VIDYA TRADERS THRU. PROPRIETOR VIDYA SINGH Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. URBAN EMP./POVERTY ALLEVIATION PROGRAMME AND 20 OTHERS on 18 December 2025

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JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12405 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Shailendra Singh Chauhan, Advocate who has

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

WRIT - C No. - 12405 of 2025

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J.

HON'BLE AMITABH KUMAR RAI, J.

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1. We have heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Shailendra Singh Chauhan, Advocate who has filed his vakalatnama on behalf of the Nagar, Nigam, Lucknow, which is taken on record.

2. This writ petition has been filed with the following main prayers:- "a. Issue a writ of Certiorari quashing the impugned tender cancellation orders dated 27.11.2025, 27.11.2025 and 17.11.2025 annexure no. 1, 2 and 3 in this writ petition issued by the Opposite Party authorities, whereby the earlier tender in which the Petitioner was declared the lowest & technically qualified bidder has been illegally cancelled.

b. Issue a writ of Certiorari quashing the Re-Tender Notification dated 26.11.2025 annexure no. 4 in this writ petition, being arbitrary, illegal and violative of Articles 14 & 19(1)(g) of the Constitution of India.

c. Issue a writ of Mandamus directing the Opposite Parties to restore and proceed with the earlier tender process, in which the Petitioner was already found L-1, and further directing the Opposite Parties to issue the work order to the Petitioner under the earlier tender itself, without giving effect to the impugned re-tender." Versus Counsel for Petitioner(s) : Lakshmi Kant Tripathi, Janmejay Jaiswal, Saksham Chopra, Virendra Prasad Srivastava Counsel for Respondent(s) : C.S.C., Shailendra Singh Chauhan M/S Vidya Traders Thru. Proprietor Vidya Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Urban Emp./Poverty Alleviation Programme And 20 Others .....Respondent(s)

3. It is the case of the petitioner that the respondent Nagar Nigam, Lucknow had invited E-tenders for various works in Aishbagh ward on 18.09.2025. The petitioner submitted his bid. The respondents issued a letter on 29.10.2025 seeking an explanation from the petitioner regarding the financial bid submitted by him. The petitioner has submitted a detailed reply, giving justification to quote such low financial bid. Without considering his reply, the earlier tender notice has been cancelled and re- tender notice has been issued for two works on 26.11.2025.

4. It has also been submitted that the respondents have arbitrarily cancelled the tender bid of the petitioner for construction of a road and drains from Sarojani Nagar Society to Bijnor main road under Raja Bijli Pasi Second Ward and work of cement concrete road etc. in front of the pump under Sharda Nagar first ward without taking into account his explanation for quoting such low price for doing the work.

5. Sri Shailendra Singh Chauhan has stated that it is evident from the notice inviting tender that an estimate of the cost of work had been provided therein and it was also provided that financial bids more then 15% lower then the estimated cost of work shall not be considered. In case of the petitioner, it had quoted more than 17% lower cost of work and it was found not feasible for any person to complete the work satisfactorily at such low price as quoted by the petitioner. Hence the tender bid has been cancelled and re-tender notice has been issued.

6. Learned counsel for the petitioner has stated that the petitioner has already applied in the fresh tender dated 26.11.2025.

7. If that be so, the respondent Nagar Nigam, Lucknow is directed to consider his bid fairly and take an appropriate decision in the matter.

8. This writ petition is disposed of, accordingly. December 18, 2025 Darpan Sharma WRIC No. 12405 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

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