1 2025:CGHC:24240-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2945 of 2025 • Abdul Wahab S/o. Late Shekh Mukhtar Aged About 32 Years R/o. Ward No. 15, Nawagarh, District - Janjgir-Champa, Chhattisgarh And Proprietor Of Abdul Wahab, Having Registered Office At Ward No. 15, Nawagarh, District - Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 Collector Collectorate, District - Janjgir-Champa (C.G.) 3 Joint Director Department Of Urban Administration And Development, Bilaspur, District - Bilaspur (C.G.) 4 Executive Engineer Department Of Urban Administration And Development, Bilaspur, District - Bilaspur (C.G.) 5 Nagar Panchayat Nawagarh Through Its Chief Municipal Officer, JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.17 10:42:17 +0530 2 Nawagarh, District - Janjgir-Champa (C.G.) 6 Programmer Data Centre Department Of Urban Administration And Development, Nawa Raipur, District - Raipur (C.G.) 7 Mjunction (India) Pvt. Ltd. Corporate Office, Office No. 202, 2nd Floor, Anjani Tower, Near Hotel Lalbagh Inn. Telibandha, District - Raipur (C.G.) 8 M/s. Mukesh Construction Through Its Proprietor Mukesh Kashyap, S/o. Shri Netram Kashyap, Aged About 29 Years, R/o. Ward No. 01, Lingwapara, Nawagarh, District - Janjgir-Champa (C.G.) Address Of Principal Place Of Business- Dihpara, Pragati Club, Nawagarh, District - Janjgir-Champa (C.G.) 9 Vishnu Yadav Presently Posted As Chief Municipal Officer, Nagar Panchayat, Nawagarh, District - Janjgir-Champa (C.G.) 10 Mujafar Hussain Presently Posted As Sub Engineer, Nagar Panchayat, Nawagarh, District - Janjgir-Champa (C.G.) 11 Santosh Jaltare Presently Posted As Grade Iv Employee, Nagar Panchayat, Nawagarh, District - Janjgir-Champa (C.G.) ... Respondent(s) For Petitioner : Mr. Aman Tamboli, Advocate For Respondents/ State : Mr. Prafull N. Bharat, A.G. along with Mr. Shashank Thakur, Dy. A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 16/06/2025 3 1. Heard Mr. Aman Tamboli, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General along with Mr. Shashank Thakur, learned Dy. Advocate General, appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 The Hon'ble Court may kindly be pleased to call for the entire records from the possession of respondent authorities, pertaining to Tender No. 167753, floated for and on behalf of Respondent Nagar Panchayat, Nawagarh, District Jangir Champa (C.G.), in pursuant to Notice Inviting Tender (NIT) bearing No. 196/N.P. NAWAGARH/PWD/2025-26 dated 01/05/2025 (Annexure P/3), for the kind perusal of this Hon'ble Court, in the interest of Justice. 10.2 The Hon'ble Court may further kindly be pleased to set aside and quash the impugned arbitrary action of the Respondent Authorities, whereby the Technical Bid of the Petitioner has been rejected with an unwarranted and arbitrary remark of "Documents Missing", during Part-1 (Envelope B) evaluation (Le. Techno-commercial evaluation) (Technical Bid) on 02.06.2025, vide impugned memo, issued/uploaded and fetched from CG e- 4 Procurement portal (http://epros.egstate.gov.in). showing of the technical bid of the petitioner (Annexure P-1), in the interest of justice. 10.3 The Hon'ble Court may further kindly be pleased to set aside and quash the impugned memo of Financial Bid Comparison, issued on 03.06.2025, vide which the Respondent No.8 has been given Over All Rank 1 (Annexure P/2), in the interest of justice. 10.4 The Hon'ble Court may further kindly be pleased to set aside and quash the Letter of Intent, if any, allotted to the Respondent No. 8, pursuant to arbitrary issuance of impugned memo of Financial Bid Comparison, issued on 03.06.2025, vide which the Respondent No.8 has been given Over All Rank 1, for Tender No. 167753, in the interest of justice. 10.5 The Hon'ble Court may further kindly be pleased to set aside and quash the Work Order (Selection Placement Agency for supply of Labour of different categories (Skilled, High Skilled, Un Skilled, Semi Skilled), if any, allotted to the Respondent No. 8, pursuant to arbitrary issuance of impugned memo of Financial Bid Comparison, issued on 03.06.2025 vide which the Respondent No.8 has been given Over All Rank 1, for Tender No. 167753, in the interest of justice. 5 10.6 The Hon'ble Court may further kindly be pleased to set aside and quash the entire Tender Process of Tender bearing no. 167753, pursuant to Notice Inviting Tender (NIT) bearing No.196/N.P. NAWAGARI/PWD/2025-26 dated 01/05/2025 (Annexure P/3), floated for and on behalf of Respondent Nagar Panchayat, Nawagarh, District Janjgir Champa (C.G.) and thereby, may kindly be pleased to issue order/direction, directing the Respondent Authorities, to re- initiate the entire Tender Process, a fresh, in the interest of justice. 10.7 The Hon'ble Court may further kindly be pleased to direct the Respondent No.1 to take appropriate strict actions against the Respondents No.9 to 11, in the interest of justice. 10.8 The Hon'ble Court may further kindly be pleased to direct Respondents to grant compensation to the petitioner for the mental agony and harassment he has faced at the hands of the concerned respondents. 10.9 Cost of the litigation expenses may be awarded to the petitioner. 10.10 Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice. 6 3. At the outset, learned Advocate General submits that the instant tender has already been withdrawn as the rates quoted by one of the bidder was higher from the rates which was fixed by the Collector. 4. In view of the submission made by the learned State counsel, the instant petition is disposed off Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar