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2025:CGHC:22805-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2535 of 2025 1 - Dharmesh Kumar S/o Shri Surendra Prasad Aged About 45 Years Proprietor Of M/s Dharmesh Kumar, R/o 49a/1, Adarsh Path, Road No. 06, Near Lal Babu Market, West Patel Nagar, Phulwari, Patna, Bihar- 800023
... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Public Health Engineering, Secretariat, Mahanadi Bhawan, Capital Complex Nawa Raipur Chhattisgarh 2 - The Chief Secretary Govt. Of Chhattisgarh, Secretriat, Mahanadi Complex, Nawa Raipur District Raipur (C.G.) 3 - The Chief Engineer Public Health Engineering, Raipur District Raipur (C.G.) 4 - The Executive Engineer (Tender Cell), District Water And Sanitation Mission, Public Health Engineering Division, Koria (Baikunthpur), District Koriya (C.G.) ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.06.10 17:06:42 +0530
2 / 3 For Petitioner : Mr. Ankur Agrawal, Advocate For Respondents/State : Mr. Shashank Thakur, Dy. A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board Per, Ramesh Sinha, Chief Justice 10/06/2025
1. Heard Mr. Ankur Agrawal, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Dy. Advocate General, appearing for the State/respondents.
2. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:
"A. A writ and/or an order in the nature of appropriate writ do issue calling for the records of the case pertaining the petitioner's case from the respondent concerned if this Hon'ble Court may deem fit in the
facts and circumstances of the case. B. A writ and/or an order in the nature of writ of certiorari do issue quashing the notice inviting tender (Annexure P-1) so far as it relates to work awarded to petitioner herein ie. Tender No.318/07.04.2025 System No. 166684, Tamdand Group Multi Village Water Supply Scheme, District Koriya, being illegal, arbitrary and in gross violation of petitioner's fundamental, constitutional and contractual rights under the agreement entered into between the parties in the facts and circumstances of the case. C. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. D. Cost of the petition may also be awarded."
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3. At the outset, Mr. Shashank Thakur, learned Dy. Advocate General appearing for the State/respondents submits that the respondent Department has already stayed the NIT in question and as such, nothing survives in this petition for adjudication at this stage.
4. In identical petitions i.e. WPC No. 2154 of 2025 (M/s. Α.Κ. Construction & Another Vs. State of Chhattisgarh & Others) and other connected matters, this Court had disposed of those petitions vide order dated 06/05/2025 in the light of the aforesaid submission advanced by the learned Advocate General.
5. Since the NIT issued by the respondent authorities itself have been stayed, the grievance raised in this petition stands redressed and no further adjudication is warranted. Needless to state that if the NIT in question, which has been stayed by the respondent authorities itself, is revived, the petitioners may take recourse to appropriate forum afresh, if so advised.
6. Consequently, the instant petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice $. Bhilwar/Jyoti