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2025 DAILYLAW 25903 (RAJ)

ABHIMANYU PRATAP SINGH S/O SHRI BIRJU SINGH SHEKHAWAT v. AJMER VIDYUT VITRAN NIGAM LIMITED

CW/11414/2025 · 2025-07-29

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:28648] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11414/2025 Abhimanyu Pratap Singh S/o Shri Birju Singh Shekhawat, Aged About 30 Years, R/o Village Badwasi, Tehsil Nawalgarh, District Jhunjhunu (Rajasthan). ----Petitioner Versus 1. Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Panchsheel Nagar, Makadwali Road, Ajmer-305004 Through Secretary (Admn.) 2. The Superintending Engineer (Solar), Avvnl, Vidyut Bhawan, Panchsheel Nagar, Ajmer 305004. 3. Sulochana Devi W/o Ramesh, R/o Ward No. 16, Dhani Nahar Singhani, District Jhunjhunu, Rajasthan. 4. Subhash Chandra Meel S/o Ram Kumar, R/o Village Milo Ka Bass, Barwasi, District , Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vikram Beniwal JUSTICE ANOOP KUMAR DHAND Order 29/07/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “(I) The respondent No.2 may kindly be directed to cancel the tender allotment of the respondent no.3 & 4 or to investigate the process of tender by granting tender of Solar Plant to the petitioner pursuant to Tender notice dated 25.03.2025 issued by respondent No.2. (II) Any other order which this Hon’ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioner along with cost of writ petition.” [2025:RJ-JP:28648] (2 of 2) [CW-11414/2025] 2. By way of filing this writ petition, a challenge has been led to the tender allotment issued in favour of respondent Nos.3 & 4. 3. In the considered opinion of this Court, the petitioner has alternative statutory remedy of filing an appeal under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2013 (hereinafter referred to as “the Act of 2013”), but without availing the statutory alternative remedy, the petitioner has straightaway approached this Court by way of filing this writ petition bye- passing the jurisdiction of the said Appellate Authority. 4. On this count alone, the instant writ petition stands disposed of granting liberty to the petitioner to file an appeal under Section 38 of the Act of 2013 before the Appellate Authority. 5. In case, any such appeal is preferred by the petitioner within a period of two weeks from today. It is expected from the Appellate Authority to decide the appeal expeditiously as early as possible, preferably within a period of four weeks thereafter ignoring the period of limitation strictly in accordance with law after affording due opportunity of hearing to all the respective parties. 6. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/49