New Delhi, Oct 9 The Allahabad High Court has said that once an agency is appointed by the government for a work and begins the tendering process, there should be no change in the agency during this process unless there are compelling reasons, as it could impact the rights of those who participated in the tender.
A bench of Justices Alok Mathur and Amitabh Kumar Rai said every action of the government has to be just, fair and reasonable.
"Needless to say, every action of the government has to be just, fair and reasonable and even though the state government has the power to decide the concerned agency through which the work would be executed, once an agency has been nominated and the said agency has proceeded with the tendering process, then, during the middle of the process, unless and until there are some cogent reasons, no change in the agency should have taken place, affecting the rights of the persons who had participated in the tender process," the bench said.
The Lucknow bench of the High Court made the observation on a plea filed by Uttar Pradesh resident Om Prakash Mishra who stated that the Provincial Division of the Public Works Department (PWD), Gonda, had floated a tender for the construction of a road from Mau Samasabad Achal Nagar Road to Padere Gadhawa Sonbarasa Ahlad Nagar Lonpurawa Link Road.
Advocate Amul Mani Tripathi and Shubham Gupta, appearing for the petitioner, submitted that Mishra duly participated in the tendering process but before the said tender could have been settled finally, it was cancelled in pursuance of an order dated July 31 passed by the state government.
The lawyers told the high court that it was stated in the government order that the work in question pertained to the Regional Development while Rural Engineering Department was the appropriate authority rather than the Public Works Department (PWD).
They submitted that consequently, the construction of the said road was directed to be undertaken by the Rural Engineering Department, and further directions were made to cancel the tendering process initiated by the PWD.
The lawyers further submitted that the exercise is clearly mala fide, has been undertaken only at the behest of the MLA Mehnon, Gonda, and there was no infirmity in the tendering process issued by the PWD.
The counsel appearing for the state government informed the high court that he has received instructions from the executive engineer of the PWD's provincial division in Gonda stating that a decision has been taken by the state government to nominate the work of construction of the road to the Rural Engineering Department.
The high court said that after considering the arguments, it does not find any valid reason or justification for issuance of the government order whereby the said work has been handed over to the Rural Engineering Department, especially considering the fact that the tendering process was underway, in which the petitioner was one of the bidders.
"We further noticed that, as per the allegations levelled in the writ petition, the said action has been taken at the behest of the local Member of the Legislative Assembly, 295, Mehauna, Gonda and a letter to this effect is also available on record dated July 27, 2026 as well as August 10, 2026, wherein it seems that merely on receipt of the said letters of the aforesaid MLA, the Government Order dated July 31, 2026 has been passed.
"It is for the aforesaid reason that, prima facie, it seems that the said impugned government order has been passed in the most mala fide manner, which is bereft of any cogent reasons," the bench said, while directing the state authorities to file reply within three weeks.
The matter is listed for next hearing on November 25.
"Till the next date of listing, the operation of the impugned Government Order dated July 31, 2026 as well as the order dated August 1, 2026 whereby the tender was cancelled shall remain stayed.
"It is further made clear that the tender of the said road shall not be granted to any other individual without obtaining the leave of this Court. In case, the State Government wishes, it may direct the PWD to continue with the tendering process after setting aside the order dated August 1, 2026 and in that case, to that extent, liberty is granted to the State Government, and the order passed today shall not come in the way of proceedings in the manner stated hereinabove," the bench said in order dated October 7.
