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2025 DAILYLAW 30698 (RAJ)

M/S RUDRA SECURITY SUPPLIERS v. STATE OF RAJASTHAN

CW/14502/2025 · 2025-09-19

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14502/2025 M/s Rudra Security Suppliers, Through Proprietor Mahesh Kumar Aged About 33 Years Son Of Shri Nanu Ram, Resident Of Village Puniyakhedi, Opposite Government School, Post Karalgaon Bakani District Jhalawar. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Panchayat Samiti, Bakani District Jhalawar, Through Its Block Development Officer ----Respondents For Petitioner(s) : Mr. Harendra Singh Sinsinwar For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 19/09/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 25.08.2025 passed by the respondents by which the work order issued in favour of the petitioner has been cancelled. 2. Counsel appearing on behalf of the petitioner submits that the respondent No.2 issued E-tender notice inviting bid for supplying the men power. Counsel submits that the bid offered by the petitioner was accepted and thereafter work order was issued in his favour, which was subsequently been cancelled by the respondent No.2 without issuing any notice and without giving him (2 of 2) [CW-14502/2025] any opportunity of hearing, hence under these circumstances, interference of this Court is warranted. 3. In the considered opinion of this Court, the aforesaid order passed by the respondent No.2 is appealable under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (for short, ‘the Act of 2012) but without availing the alternative statutory remedy of filing an appeal, the petitioner has straightaway approached this Court by way of filing instant writ petition. 4. It is the settled proposition of law that whenever an alternative statutory remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. 5. On this count alone, the present writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal under Section 38 of the Act of 2012 before the First Appellate Authority within a period of fifteen days. It is expected from the First Appellate Authority to decide the same expeditiously, as early as possible preferably within a period of four weeks thereafter, after affording due opportunity of hearing to all the respective parties, ignoring the period of limitation. 6. Stay application and all pending application (s), if any, also stand disposed of. 7. In case, any stay application is submitted by the petitioner, the same would be decided by the First Appellate Authority in accordance with law. (ANOOP KUMAR DHAND),J Ashu/28