1 2025:CGHC:22113-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2628 of 2025 Arnav Projects And Infratech Through Its Authorized Signatory, Ashoke Roy, S/o Late K.R. Roy, Aged About 63 Years R/o Vasundhara Vihar L- 4, S-7 Godhanpur Ambikapur, District - Surguja Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its The Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya Atal Nagar Nava Raipur District- Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Shivnath Bhawan Naya Raipur District - Raipur (C.G.) 3 - Chief Engineer (Tendar Cell), Office Of The Engineer In Chief, Water Resources Department Shivnath Bhawan Naya Raipur District - Raipur (C.G.) 4 - Chief Engineer Hasdeo Ganga Basin, Water Resources Department Ambikapur District - Surguja, (C.G.) 5 - M/s Maa Harisiddhi Infra Developers Pvt. Ltd. Office At- L.K. Cooperative Tower Limited S-6 And S-7 2nd Floor Block - , Nh 30 New Dhamtari Road Raipur, District - Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Syed Mohammad Sohail Afzal, Advocate For Respondent-State : Mr. Prafull N. Bharat, Advocate General assisted by Mr. Sangharsh Pandey, Government Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.05.20 17:20:59 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board Per Ramesh Sinha , Chief Justice 20.05.2025 1. Heard Mr. Syed Mohammad Sohail Afzal, learned counsel for the appellant as well as Mr. Prafull N. Bharat, learned Advocate General assisted by Mr. Sangharsh Pandey, learned Government Advocate, appearing on behalf of the State/respondents No.1 to 4. 2. The present petition has been filed by the petitioner with the following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of Certiorari or any other appropriate writ, order or direction to quash the rejection letter/email dated 28.03.2025 (Annexure P-3) as arbitrary and illegal. 10.2 That, this Hon’ble Court may kindly be pleased to Direct the Respondents to consider the bid of the Petitioner in the tenders bearing system nos. 164005 on merits. 10.3 That, this Hon’ble Court may kindly be pleased to Declare that FDR issued by a nationalized bank is a valid mode of EMD under Clause 2.6 of the tender document. 10.4 That, this Hon’ble Court may kindly be pleased to Pass such other orders as 3 deemed just and proper in the interest of justice.” 3. It has been pointed out by learned counsel for the parties that in an identical matter, this Court had dismissed Writ Petition (C) No.2289 of 2025 vide order dated 15.05.2025 observing as follows :- “6. It would be apt to quote clause 2.6 of the tender document for adjudication of the present dispute, which is quoted below:- “2.6 The intending Tenderers from other States may remit the Earnest money in the form of Bank Draft of the State Bank of India or any other Scheduled Bank or online through NEFT/RFTS to the EXECUTIVE ENGINEER, WATER RESOURCES DIVISION, SURAJPUR (C.G.).” 7. From bare perusal of the aforesaid clause, it is quite vivid that the intending tenders from other States may remit the earnest money in the form of of Bank Draft of the State Bank of India or any other Scheduled Bank or online through NEFT/RFTS. 8. On going through the record, it is evident that the petitioner’s firm belong to the State of Jharkhand, which is evident from the earlier Work Order dated 10/02/2022 issued in its favour (page 69 of the Writ Petition). The petitioner ought to have submitted the bank draft as per the clause 2.6 of the tender documents, whereas he has submitted the FDR. Therefore, the authorities have rightly disqualified the petitioner. 4 9. As an upshot, the Writ Petition, being bereft of merit, is liable to be and is hereby dismissed at the motion stage itself. 10. Consequently, all the pending interlocutory applications stands disposed of.” They further submitted that since the facts and issue involved in the present case is identical to that of Writ Petition (C) No.2289 of 2025, this petition may also be disposed off in the same terms. 4. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to Writ Petition (C) No.2289 of 2025, this Court deems it appropriate not to take a view other than what has been taken in Writ Petition (C) No.2289 of 2025. 5. Accordingly, the present appeal is dismissed in terms of the order dated 15.05.2025 passed in Writ Petition (C) No.2289 of 2025. 6. In view of the above, I.A. No.02, application for urgent hearing during summer vacation, stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Anu