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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties through video conferencing.
Petitioner is a small scale industry. According to the petitioner, small scale industry, registered under the MSME Act, are entitled to certain benefits,
including preference in award of contract by the State agencies. According to the petitioner, those benefits are not being extended to the petitioner.
Therefore, petitioner has approached this Court, seeking the following reliefs:-
i) To issue a writ, order or directions in the nature of certiorari to quash the Tender (Bid Document) notice dated 15.06.2021 issued by respondent
no.3 and direct the respondent no.3 to publish a Fresh Tender Notice in compliance Government order No. 261/VII-2-14/143-Udyog/2003 dated
19.03.2014.
ii) To issue a writ, order or direction in the nature of mandamus by directing and commanding the respondent no.3 to allow the petitioner in compliance
of the Government Order No.261/VII-2-14/143-Udyog/2003 dated 19.03.2014 (Annexure No.2) and to provide all the necessary preferential benefits
to the petitioner as per the rules framed in pursuance of the above stated Government Order.
iii) To issue a writ, order or direction in the nature of mandamus by directing and commanding the respondent no.2 for compliance of the rules framed
vide the Government Order dated 19.03.2014 (Annexure No.2) for all Municipal Corporations and Nagar Palika Parishad in the State of Uttarakhand.
iv) To issue a writ, order or direction in the nature of mandamus by directing and commanding the respondent no.2 to direct the respondent no.3 to
provide preferential benefits to the petitioner in compliance of the letter no.50/1408/2015 dated 07.04.2016.
After arguing for a while, learned counsel for the petitioner submits that petitioner may be permitted to make a representation to the Executive
Officer, Nagar Palika Parishad Bhowali, District Nainital, who in turn, be directed to take decision on petitioner’s representation.
Shri Navnish Negi, learned counsel appearing for respondent no.3 assures the Court that if petitioner makes a representation, the same shall be
decided expeditiously.
In such view of the matter, writ petition is disposed of with liberty to the petitioner to make representation to the Executive Officer, Nagar Palika
Parishad, Bhowali-respondent no.3. If such representation is made within two weeks from today, the respondent no.3 shall examine the matter and
take appropriate decision in accordance with law within six weeks thereafter.