3 hrs ago
Allahabad High Court Stays UP Road Tender Cancellation
A government department had started a bidding process to choose who would build a road in Gonda.
Om Prakash Mishra had entered the bidding.
The Uttar Pradesh government then moved the work to another department and cancelled the first tender.
The government said the other department was the right one for the project.
Mishra argued that the change happened because a local lawmaker asked for it.
The High Court said the government needs good reasons to change departments after bidding has begun.
For now, it has paused the orders and said the road contract cannot be given to someone else without its permission.
The government has three weeks to respond, and the case is due to be heard again on November 25.
The Allahabad High Court stayed Uttar Pradesh orders shifting a road project from the Public Works Department to the Rural Engineering Department and cancelling the existing tender.
The tender had been issued by the PWD’s Provincial Division in Gonda, and petitioner Om Prakash Mishra was among the bidders.
The state said the work concerned regional development and should be handled by the Rural Engineering Department.
The court said changing the agency midway through a tender requires cogent reasons and found no valid justification so far.
The court said the change appeared prima facie mala fide, citing allegations that it followed letters from a local MLA; the state must reply within three weeks.
- Who
- The Allahabad High Court, the Uttar Pradesh government, and petitioner Om Prakash Mishra.
- What
- The court stayed orders transferring a road project from the PWD to the Rural Engineering Department and cancelling the PWD tender.
- Where
- The road project is in Gonda, Uttar Pradesh; the case was heard by the High Court’s Lucknow bench.
- When
- The court issued its order on October 7, 2026; the next hearing is listed for November 25.
- Why
- The court found no valid justification so far for changing agencies while the tender was underway and said the order appeared prima facie mala fide.
Petitioner’s and court’s concerns
State’s stated position
Changing the agency during the tender
Petitioner’s and court’s concerns
Mishra’s lawyers argued the PWD tender had no infirmity and that cancelling it mid-process was unjustified; the court said a change requires cogent reasons because bidders’ rights may be affected.
State’s stated position
The state said the government had decided to assign the work to the Rural Engineering Department, which it considered the appropriate authority because the work concerned regional development.
Alleged political influence
Petitioner’s and court’s concerns
Mishra’s lawyers alleged the change was made at the behest of the local MLA; the court said letters on record appeared to show the government order followed the MLA’s representations and described the order as prima facie mala fide.
State’s stated position
The state’s counsel relayed the government’s decision to transfer the work but, as reported, did not provide a separate response to the allegation of MLA influence.
Key facts
- Petitioner
- Om Prakash Mishra
- Road project
- Mau Samasabad Achal Nagar Road to Padere Gadhawa Sonbarasa Ahlad Nagar Lonpurawa Link Road
- Original agency
- Public Works Department’s Provincial Division, Gonda
- Newly assigned agency
- Rural Engineering Department
- Government order
- Dated July 31, 2026
- Tender cancellation order
- Dated August 1, 2026
- Court directions
- Both orders stayed; the tender cannot be awarded to another individual without the court’s leave.
- Next hearing
- November 25
Quotes
Allahabad High Court bench
The Lucknow bench comprising Justices Alok Mathur and Amitabh Kumar Rai
“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”
telegraphindia.com
theprint.in
Sources
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