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2025 DAILYLAW 35413 (CHH)

RAHUL SINGH v. STATE OF CHHATTISGARH

WPC/3908/2025 · 2025-07-24

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:36054-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3908 of 2025 Rahul Singh S/o Abhay Kumar Singh Aged About 26 Years R/o House No.29, Neer Nirankari Bhawan Ward No.23, Deepak Nagar Durg Tehsil And District Durg (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Joint Secretary Department Of Agriculture Indrawati Bhawan Atal Nagar Naya Raipur District Raipur (C.G.) 2 The Collector Durg District Durg Chhattisgarh 3 Competent Officer Krishi Upaj Mandi Samiti Durg Tehsil And District Durg C.G. 4 Krishi Upaj Mandi Samiti Durg Through Its Secretary Officer Dhamdha Naka Tehsil And District Durg C.G. ... Respondent(s) For Petitioner : Mr. Avinash Chand Sahu, though V.C. with Mr. Aman Tamrakar, Advocate For Respondent/ State : Mr. Praful N. Bharat, A.G. along with Mr. Hariom Rai, Panel Lawyer For Respondent No. 4 : Mr. Y.S. Thakur, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.26 12:28:13 +0530 2 Judgment on Board Per Ramesh Sinha, Chief Justice 25.07.2025 1. Heard Mr. Avinash Chand Sahu though V.C. along with Mr. Aman Tamrakar, learned counsel for the petitioner and Mr. Praful N. Bharat learned A.G. along with Mr. Hariom Rai, learned Panel lawyer for the State and Mr. Y.S. Thakur, learned counsel for respondent No. 4. 2. By the present writ petition, the petitioner is challenging the notice inviting tender number/2024-25/2148 dated 11.03.2025 issued by respondent No. 4. 3. The present petition is filled seeking the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to quash/set aside notice inviting tender Number/2024-25/2148 dated 11.03.2025 issued by the concerned respondent No. 2 and pass order of cancellation of the above tender in the interest of justice. 10.2 that, this hon'ble court may kindly be pleased to direct the respondents to issue fresh tender inviting notice in regularly circulated news paper and in online portal of the respondent no.4 for the works mentioned in the above tender no. Number/2024-25/2148 dated 11.03.2025 issued by the concerned respondent No. 5 in the interest of justice. 10.3 That, any other relief which this Hon'ble Court deems fit, may be granted to the 3 petitioner, in the interest of justice.” 4. Learned counsel for the petitioner submits that respondent Krishi Upad Mandi, District-Durg C.G. has published notice inviting tender Number/2024-25/2148 dated 11.03.2025 in a very less spread newspaper namely “Aaj Ki Jandhara” and “Saathi Sandesh”. He further submits that as the above mentioned newspaper were not widely circulated in the State of C.G., public at large were not aware about the issuance of the above tender. He further submits that only to facilitate their near and dear ones the respondents have not published the information regarding the tender in the widely spread newspapers. He further submits that the general rules of inviting tender have not been followed by the respondent authorities in issuance fo the above tender. He also submits that though several complaints were made before the concerned authority but no initiation or any action was taken against the respondents and only 8 contractors have participated in the above tender. Hence, prays for direction to the respondents for issuance of fresh tender. 5. Learned counsel for the respondents, per contra, would submit that as per instructions received in pursuant of the Notice Inviting Tender/2024-25/2148 dated 11.03.2025, the financial bid has already been opened and it has been forwarded for approval. It is also submitted that proper procedure has been followed while issuing the NIT. 4 6. We have heard learned counsel for the parties, perused the pleadings and documents. 7. Bare perusal of the documents shows that date of submission of the above tender was 22.04.2025 and date of opening of the tender was 25.04.2025 and above tender has been published in the newspapers on 11.03.2025. Further as per the submission made by learned counsel for the respondents, as the financial bid has already been opened, at the belated stage we do not deem it proper to interfere with the tender process. The petitioner approached this court in July, 2025 i.e. after lapse of more than 3 months from the date of opening of the financial bid. He has never tried to make any effort with regard to the alleged irregularities and illegalities committed by the authorities in respect of the subject tender. 8. Accordingly, the present WPC is dismissed at the motion stage itself. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar