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2025 DAILYLAW 35276 (JHR)

M/S SONAR BANGLA CATERER, THROUGH ITS PARTNER SRI RAJA GHOSH v. THE STATE OF JHARKHAND

WPC/5139/2025 · 2025-10-16

Rajesh Shankar

body2025

Judgment text

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Neutral Citation No. 2025:JHHC:32091-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5139 of 2025 M/s. Sonar Bangla Caterer, a partnership firm incorporated under the Indian Partnership Act, 1932, having its registered office at 35, Chandra Nath Chatterjee Street, P.O.- Bhawnipore, P.S.- Bhawanipore District-Kolkata, Pin Code- 700025, West Bengal, through its Partner Sri Raja Ghosh, aged about 43 years, S/o- Late Tapash Ghosh, residing at 25A, Shyama Prasad Mukherjee Road, J.K. Chandra Jewellers Building, PO & PS- Bhawanipore, DIST: Kolkata, Pin Code-700025 ... Petitioner Versus 1. The State of Jharkhand 2. The Director, Rajendra Institute of Medical Sciences (RIMS), Ranchi, P.O. & P.S.-Bariatu, District- Ranchi, Pin Code-834009 3. The Medical Superintendent-Cum-Chairperson of Procurement Committee, Rajendra Institute of Medical Sciences, (RIMS), Ranchi, P.O. & P.S.-Bariatu, District- Ranchi, Pin Code-834009 4. M/s The Jana Enterprises, through its Proprietor Mr. Bamapada Jana, having its registered office at 161 Bagpota Road, Sarsuna, Sonali Park, P.O. & P.S.-Sarsuna, District-South Pargana, West Bengal-700061. ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Mr. Amit Kumar Das, Advocate For the State: Mr. Piyush Chitresh, A.C. to A.G. For the RIMS: Dr. Ashok Kumar Singh, Advocate For Resp. No.4: Mr. Akash Ajit Kumar, Advocate --------- 05/Dated: 16.10.2025 Tarlok Singh Chauhan, C.J.(Oral) 1. The instant writ petition has been filed for the following reliefs:- a. In the nature of mandamus commanding upon the concerned respondents to show cause as to how and under what authority the work with respect to E-Tender Notice Neutral Citation No. 2025:JHHC:32091-DB No. 72 (PC) dated 05.10.2024 (Annexure-4), i.e. 'Outsourcing of Hospital Patient Dietary Services' has yet not been finalized, despite the fact that the technical evaluation of the bids was concluded earlier on 28.06.2025, followed by the subsequent opening of the financial bids of the respective bidders on 10.07.2025; b. Upon perusing the cause shown, if any, for a further writ/order/direction in the nature of mandamus commanding upon the concerned respondents to immediately and forthwith issue the work order and allot the work to the L-1 bidder, considering the fact that the extension granted to the Respondent No. 4 has ended long back on 06.07.2025, c. For further issuance of appropriate writ(s)/ order(s)/direction(s), particularly in the nature of certiorari for quashing of the Letter dated 07.07.2025, bearing ǒापांक 3032, (Annexure-12), issued under the sign and seal of the Respondent No. 3, whereby, with the sole intent to favor the Respondent No. 4, and despite the lapse of the initial one- year extension period, a further extension of three months commencing from 07.07.2025-has been granted to the said contractor, And d. Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case. Neutral Citation No. 2025:JHHC:32091-DB 2. It is not in dispute that extensions after extensions have been granted by the respondent nos.2 and 3 to the 4th respondent despite calling for the fresh tender and not finalizing the same. Even the last extension so granted to the 4th respondent has come to an end on 6th of October 2025. 3. In this view of the matter, there is no question of granting further extension to the 4th respondent, given the fact that his tender for the initial term had long expired on 06.07.2023 and thereafter the extended term for two years have also come to an end on 06.07.2025 and thereafter even the further extension granted for three months has also come to an end on 06.10.2025. 4. Accordingly, the writ petition is allowed and the respondents are directed to finalize the terms of the tender and award the same as expeditiously as possible and in any event, by 15th of November 2025. Till then, the arrangement so made by the respondents shall be continued. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) October 16, 2025 N.A.F.R. Manoj/Pramanik/Cp.2