Allahabad High Court
DHARMENDRA KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the bidding process should be reopened to allow the petitioner to submit a bid within a specified window, and the petition was thereafter disposed.
Summary
The petitioner, Dharmendra Kumar, challenged an e‑auction notice dated 4 August 2026, arguing that the auction was conducted while his writ petition was pending. The State, represented by the Additional Advocate General, contended that bids were not public and sought an adjournment to allow the petitioner to submit a bid. The Court accepted the State’s suggestion and ordered that the bidding process be reopened by respondent No. 4, authorising the auctioneer to provide a limited window for the petitioner to place his bid, with notice to existing bidders. The window would be exclusive to the petitioner and existing bidders, excluding the general public, and would allow existing bidders to improve their offers. The Court disposed of the writ petition following these directions.
Issues considered
- Whether a petitioner may be permitted to submit a bid in an e‑auction conducted during the pendency of a writ petition
- Whether the auction process can be reopened and a limited bidding window provided to the petitioner
Subjects
- e‑auction
- writ petition
- bidding process
- interim order
- procedural fairness
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35209 of 2026
Dharmendra Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Achal Singh, Arvind Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Petitioner has challenged e-auction notice dated 4th August, 2026. The
auction was held during pendency of the writ petition. Mr. Arvind
Srivastava, learned advocate appears for petitioner and Mr. Kartikeya
Saran, learned advocate, Additional Advocate General, for State.
Paragraph 2 from our order dated 16th September, 2026 is reproduced
below.
"Mr. Kartikeya Saran, learned advocate, Additional Advocate General
appears for State. On query he submits, the auction process is one in
which bids are not made public. Moreover, pursuant to our interim order
dated 11th September, 2026, the result has not been published. On further
query Mr. Saran seeks adjournment to obtain instruction on petitioner
being allowed to put in bid in the auction held and left to otherwise
pursue his remedy for adjustment."
Mr. Saran submits, petitioner can be permitted to put in bid. He submits
further, there be direction for providing a window, within which petitioner
can submit his bid.
2. We accept good suggestion made on behalf of State. The bidding
process be re-opened by respondent no. 4 upon authorizing the auctioneer.
This direction is for limited purpose of petitioner putting in his bid upon
notice to petitioner and bidders. In the circumstances, the window be
notified to the bidders who had duly put in their bids. The notice to
include website copy of this order. Noticed bidders may improve their
WRIC No. 35209 of 2026
2
bids, if they will. We have consciously eliminated the public at large from
the window for admitting bid of petitioner and enhanced bid, if any by
existing bidders because none amongst them had participated in the
auction process. The other question on assessment is left open.
3. On above directions, the writ petition is disposed of.
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
September 23, 2026
Jaswant
Digitally signed by :-
JASWANT KUMAR
High Court of Judicature at Allahabad
Checking your session…