1 2025:CGHC:11336-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1275 of 2025 Sidhnath Choubey A Proprietorship Firm, Through Its Proprietor Sidhnath Choubey, S/o Late Mundrika Choubey, Aged About 62 Years R/o Main Raod Balrampur, District Balrampur-Ramanujganj, C.G. ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nava Raipur, District Raipur, C.G. 2. Engineer-In-Chief, Public Works Department ,atal Nagar, Nava Raipur, District Raipur, C.G. 3. Chief Engineer (Central Tender Cell) Public Works Department,atal Nagar, Nava Raipur, District Raipur, C.G. ...Respondent(s) For Petitioner : Mr. Amrito Das, Advocate. For Respondents/State : Mr. Shashank Thakur, Deputy Advocate General. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.03.07 19:09:30 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 07.03.2025 1. Heard Mr. Amrito Das, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “1. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing the Notice Inviting Tender bearing No. 303/TC/2024-25 dated 28.02.2025 and the respondent authorities may kindly be directed to consider the case of the petitioner for award of contract in respect of Notice Inviting Tender bearing No. 227/TC/2024-25 dated 24.12.2024 (Annexure P/3), wherein the financial bid was opened on 13.01.2025 (Annexure P/4). 2. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing the decision of the respondent authorities, whereby the entire tender process of Notice Inviting Tender bearing No. 227/TC/2024-25 dated 24.12.2024 3 (Anenxure P/3) has been cancelled (neither the copy of the cancellation of the entire tender process of the Notice Inviting Tender dated 24.12.2024 has been communicated to the petitioner or uploaded on the website of the authorities, therefore, the petitioner could not filed the same.) 3. That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that petitioner is a proprietorship firm engaged in the business of construction and is registered as Class-A contractor. The petitioner firm by way of instant writ petition is challenging the illegal and arbitrary action on the part of the respondent authorities, whereby the authorities have issued E- procurement Notice/5th Call System Tender No. 165278 Notice Inviting Tender (NIT) No. 303/TC/2024-25 dated 28.02.2025 for the same work for which the NIT was issued on 24.12.2024 and financial bids were opened on 13.01.2025 and the petitioner was found lowest one. He also submits that without cancelling the said tender proceedings, the 5th call for the same work has been executed. 4. It is further submitted by the learned counsel for the petitioner that no separate order has been passed or communicated or uploaded on the website with regard to cancellation of the tender process or tender bearing NIT No. 227/TC/2024-25 dated 24.12.2024. He would submit that after opening of the financial bid of the petitioner firm, the entire 4 tender process has been cancelled. No doubt the government or authority inviting tender may cancel the tender process, but only on sufÏcient and reasonable ground and at appropriate stage. However, in the present case, respondent authorities failed to point out any satisfactory ground or reason for cancellation of the entire tender process after declaring the petitioner to be lowest bidder. 5. Learned counsel for the petitioner states that the financial bid was open on 13.01.2025; thereafter, the petitioner has approached the Engineer-In-Chief/respondent No. 2 on 20.01.2025 for redressal of his grievance and the petitioner was given an assurance that the department will be proceed further in the matter. Thereafter, the model code of conduct was comes into force from 21.01.2025 to 25.02.2025 and thereafter, on 28.02.2025, the new tender has been issued. The petitioner is challenging the NIT bearing No. 303/TC/2024-25 dated 28.02.2025 and the decision of the department with regard to the cancellation of earlier NIT bearing No. 227/TC/2024-25. Hence, this petition. 6. On the other hand, learned State counsel submits that the NIT which has been issued on 24.12.2024 on the fourth call and financial bid of the petitioner was opened on 13.01.2025, in which it was found that the petitioner was not meeting with the rates as per the PWD manual and the various instructions from time to time has been given. The learned State counsel has produced a copy of the minutes of the meeting and also a letter dated 21.01.2025 which has been addressed to Chief Engineer, whereby the earlier NIT issued on 24.12.2024 has been cancelled, to which learned counsel for the petitioner states that before cancelling the NIT No. 227/TC/22024-25 dated 24.12.2024, no opportunity of hearing 5 was given to the petitioner nor the petitioner was called by the respondent concerned. The learned State counsel fairly admitted that the ground on which the NIT dated 24.12.2024 was cancelled was not communicated to the petitioner. 7. We have heard learned counsel for the parties and perused the materials available on record. 8. Considering the facts and circumstances of the case and particularly, the fact that NIT No. 227/TC/2024-25 dated 24.12.2024 was issued by the PWD, it was the 4th call, the petitioner participated in the tender proceedings, the financial bid was opened on 13.01.2025 and the petitioner firm appears to be the lowest one, but instead of proceeding further in the matter, the authorities have cancelled the said tender process after opening of the financial bid without giving any opportunity of hearing to the petitioner and disclosing the grounds on which the NIT dated 24.12.2024 was cancelled. 9. In view of the same, before proceeding ahead with the fresh NIT No. 303/TC/2024-25 dated 28.02.2025, the respondent authorities are directed to supply the requisite documents to the petitioner, who shall also be heard within a period of two weeks from the receipt of a certified copy of this order. Till then, the NIT No. 303/TC/2024-25 dated 28.02.2025 shall kept in abeyance. 10. Accordingly, the present writ petition is disposed off. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan