^? !QK COUI CHHATTi AT BiLA; SHRI DHIRENDRA MISHRA. & Versus dents 1. rit Petltion i'c5 No. 1923 of 2011 Kundan L-al Gupta, s/o Shri Narmada Prasad Gupta, aged about 46 years, R/o Chetan Chowk, Pendra Tehsit Pendra Road, District Bilaspur, Chattisgarh. State of Chhattisgarh, Thought its Secretary, Publjc Works Department, DKS Bhawan, Raipur, Chhattisgarh. The Superintending Engineer, Public Works Biiaspur CIrcie, Bilaspur, Chhattisgarh. The Post Master, Post Office, Pendra, District Bllaspur, Chhattisgarh. 'resent: Shri Ankit Singhal, counsei for the petitioner. Shri UNS Deo, Govt. Adv. for the State/respondent. 2. ith (11mAprii,2011) PerDhirendra Mishra, J The petltioner has filed this petition and prayed for direction to respondent No.2 to accept EMD in Enveiope A sent through speed post on 19.3.2011 and consider the bid of the petitioner for the said tender work. 2, Grievance of the petitioner is that in response to tender notice of Annexure P/1, he submitted his offer through online bid on 21.3.2011. He &:!so dispatehed EMD certificate in Envelope A by speed post on 19.3,2011 as stipu!ated in the agreement. However, the said envelope was delivered by the postal department on 26.3.2011, whereas fhe last date for physical submission of the. envelope was 25.3.2011 by 17.30 pm. The enveiope was not accepted by respondent No.2 and the same was returned undelivered to the petitioner on 29.3.2011 . The deiay in physicai submission of Envelope A containina EMD certificate occasioned on account of faiiure on the part of postal department/resp.ondent No.3 and in these cireumstances, in the 30 interest of justlce, respondent No.2 be directed to ac-cept Envelope A containing EMD sent by the petitioner and consider his bid for the said tender 3. We have heard iearned counsel for the petitioner. 4. Keeping in vlew the specific condition in the Sender notice of Annexure P/1, which clearly provides that physical submission of EMD Envelope by speed post or registered post can be accepted up to 25.3.2011 by 17.30 pm, no direction to respondent No.2 can be issued in violation of conditions of the tender notice. The petition is wifhout any substance, the same deserves to be and is, accordingiy, dismissed at the admission stage Stseff. ~- Sd/- Dhirendra Mishra Judge Sd/- R.L. Jhanwar Judge h