M/S GS EXPRESS LIMITEDversusSTATE OF U.P. AND 6 OTHERS

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - C No. - 35860 of 2026

M/S GS Express Limited
                                                                       .....Petitioner(s)
                                         Versus

State Of U.P. And 6 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)            : Mohd Atif
Counsel for Respondent(s)            : Aditya Bhushan Singhal, C.S.C.,
                                       Pranjal Mehrotra, Vedant Agarwal

Court No. - 29
                    HON'BLE SIDDHARTHA VARMA, J.
                    HON'BLE KUNAL RAVI SINGH, J.

1. Heard Sri Ravi Shankar Tiwari and Sri Mohd. Atif, learned counsel for
the petitioner; learned Standing Counsel for the State-respondents; Sri
M.C. Chaturvedi, learned Senior Counsel assisted by Sri Abhay Pratap
Singh and Sri Aditya Bhushan Singhal, learned counsel appearing for
respondent no.3; Sri Pranjal Mehrotra, learned counsel for respondent
nos.5 and 6 and Sri Rahul Agarwal, learned Senior Counsel assisted by
Sri Vedant Agarwal, learned counsel appearing for respondent no.7.

2. This writ petition has been filed for the following reliefs :-

"i. issue a writ, order or direction in the nature of Certiorari, quashing the declaration
of Respondent No. 7 as the L-1 bidder dated 25.08.2026 (Annexure No. 2) in Tender
No. YEA/GM(P)/2026/495 dated 24.04.2026 and consequential/preceding declaration
of Respondent No. 7 as technically qualified dated 19.08.2026 (Annexure No. 2),
together with all consequential decisions, approvals, Letters of Intent, work orders or
agreements, if any, issued or executed in favour of Respondent No. 7 pursuant thereto;

ii. issue a writ, order or direction in the nature of Mandamus, commanding
Respondent Nos. 3 & 4 to cancel the technical qualification and L-1 declaration of
Respondent No. 7 in Tender COMMISS YEA/GM(P)/2026/495 dated 24.04.2026, and
thereupon (a) undertake a fresh and lawful re-evaluation of the financial bids confined
to bidders satisfying the mandatory eligibility conditions of the NIT and, the petitioner
having secured the L-2 position in the financial bid opening, consider its bid for award
of the contract/LOI in accordance with law; or, in the alternative, (b) if such re-
evaluation is found not to be feasible, cancel the impugned tender process in its
entirety and initiate a fresh tender process strictly in accordance with law, with
uniform application of the prescribed eligibility conditions to all bidders;

iii. issue a writ, order or direction in the nature of Mandamus, commanding
Respondent Nos. 3 & 4 not to treat or consider the experience acquired by Respondent
No. 7 as a subcontractor in the Pithoragarh Medical College and Ayodhya/Faizabad
                                                                                                   WRIC No. 35860 of 2026
                                                                        2

                                    Medical College projects as qualifying experience under the NIT;

                                    iv. issue a writ, order or direction in the nature of Mandamus, commanding
                                    Respondent Nos. 3 & 4 to recalculate the bid capacity of Respondent No. 7 strictly in
                                    accordance with the NIT by excluding GST and receipts from the sale of scrap from
                                    the eligible construction turnover and by including and deducting the value of all its
                                    existing, recently secured and ongoing contractual commitments;

                                    V. issue a writ, order or direction in the nature of Mandamus, commanding
                                    Respondent Nos. 5 and 6 to examine the original Letters of Award, contracts and
                                    subcontract agreements and issue an appropriate clarification/correction recording the
                                    true contractual status of Respondent No. 7 as a subcontractor, and not as the principal
                                    contractor directly engaged by the respective Government authorities;

                                    vi. issue a writ, order or direction in the nature of Mandamus, CUMMINS
                                    commanding Respondent Nos. 1 and 3 to consider and decide the petitioner's
                                    representations dated 22.08.2026, 25.08.2026 and 27.08.2026 (Annexure No. 8) by a
                                    reasoned and speaking order before taking any further consequential action in the
                                    impugned tender proceedings; and

                                    vii. issue any other writ, order or direction which this Hon'ble Court may deem just
                                    and proper in the facts and circumstances of the case;"

                                    3. Sri M.C. Chaturvedi, learned Senior Counsel appearing for the
                                    respondent no.3 has stated that the anomalies stated in the writ petition
                                    has been made the basis of the notice dated 8.9.2026 and that notice has
                                    been served upon the respondent no.7. It stated that a reply has now also
                                    been filed to the notice. The adjudication to this effect would now take
                                    place within two weeks. He further states that till such time as the reply is
                                    adjudicated upon, no final order would be passed with regard to the grant
                                    of tender.

                                    4. Under such circumstances, no further order is required to be passed.
                                    The writ petition is, accordingly, dismissed at this stage. It may, however,
                                    be noted that if the petitioners put in appearance by filing any application
                                    etc. then they shall be granted proper opportunity of hearing.



                                                                   (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 16, 2026
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad