IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1172 of 2008 (M/S) Sanjay Sah S/O Sri Basant Lal Sah, R/O Kali Kholi Road, Dwarahat, District Almora. …… Petitioner. Versus Nagar Panchayat, Dwarahat, District Almora, through its Executive Officer. … Respondent. Sri Vinod Tiwari and Sri Manav Sharma, learned counsel for the petitioner. Date July 17, 2008. Hon’ble B.S.Verma, J. Heard Sri Vinod Tiwari and Sri Manav Sharma, learned counsel for the petitioner and perused the record. This writ petition has been filed for the following reliefs:- i. To issue writ order or direction in the nature of mandamus directing the respondent to follow the terms and conditions of the tender invited by their office (Annexure 1 to the writ petition) and accept the bid of the petitioner for Teh-Bazari in accordance with law. ii. A writ, order or direction in the nature of mandamus further restraining the respondents from collecting the The-Bazari themselves. iii. Any other writ, order or direction, which this Hon’ble Court may deem fit and proper on the basis of the facts and circumstances of the case. iv. Award the cost of the petition in favour of the petitioner. 2 According to the petitioner, as per terms and conditions of the tender notice, if the tender of the first highest bidder is rejected or cancelled by the respondent, the bid of the second highest bidder has to be accepted. Tenders were opened on 30-5-2008 and the bid of one Sri Vinod Bhatt was declared as the highest bid. The grievance of the petitioner is that on 16-6-2008, the tender given to the highest bidder was cancelled because he did not fulfill the pre-requisite terms and conditions of the tender, but the respondent has not accepted the second highest bid offered by the petitioner. On the other hand, the respondent has started collecting The-Bazari itself. In the course of arguments, learned counsel for the petitioner has submitted that the petitioner has made a representation to the respondent (copy Annexure No. 4 to the writ petition), which is still pending. Learned counsel has urged that the ends of justice in the matter would be subserved if the respondent is directed to decide the representation within a time frame by a speaking order and the writ petition may be disposed of finally today itself. In the facts and circumstances of the case, the respondent- Nagar Panchayat Dwarahat shall decide the representation of the petitioner (copy Annexure No. 4) expeditiously by a reasoned order, preferably within a period of two weeks from the date of production of certified copy of this order. With the above direction, the writ petition is disposed of finally. ( B.S.Verma, J. ) RCP 3 4 5