1 2025:CGHC:35666-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3880 of 2025 M/s Pooranmal Gupta Through Its Proprietor Pooranmal Gupta S/o Shri Ganpat Ram Aged About 64 Years R/o Osiya Vihar Colony, Dhamtari, Dist. Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Government of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh. 2. The Director, Urban Administration And Development Department, Indrawati Bhawan, Atal Nagar, Nava Raipur (C.G.) 3. The Joint Director, Urban Administration And Development Department, Regional Office - Durg, District - Durg (C.G.) 4. The Chief Engineer, Urban Administration And Development Department, Directorate - Indrawati Bhawan, Atal Nagar, Nava Raipur (C.G.) 5. The Superintendent Engineer, Urban Administration And Development Department, Directorate - Indrawati Bhawan, Atal Nagar, Nava Raipur (C.G.) 6. The Chief Municipal Officer, Municipal Council, Bhatapara District- Baloda - Bazar, (C.G.) ...Respondent(s) For Petitioner : Mr. Sharad Mishra, Advocate. For Respondent/State : Mr. Shashank Thakur, Deputy Advocate General. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.24 18:04:00 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 24.07.2025 1. Heard Mr. Sharad Mishra, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State. 2. The present petition has been filed by the petitioner with the following prayers: “(i) That, this Hon’ble Court may kindly be pleased to allow the present writ petition & call for the entire record pertaining to the present case. (ii) That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to the respondents more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly of respondent No. 6 in issuing fresh Notice Inviting Tender (2nd Call) 03.07.2024 for work of Tubular Pole Electrification at ward No. 4 as absolutely illegal, arbitrary, capricious, contrary to law as well as settled legal position and also against the general principles of contract and consequently, quash the same. (iii) That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to the respondents more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly of respondent No. 6 to issue the work 3 order in favour of petitioner on the basis of Financial Evaluation done by respondent No. 6 in which petitioner firm was qualified and evaluated as L1 (Annexure P/5) for award of tender dated 09.04.2025 for work of Tubular Pole Electrification at ward No. 4 Bhatapara.” 3. On perusal of the prayers in the present petition, it transpires that the present petition is drafted with the prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer as there is wrong date of the Notice Inviting Tender mentioned in the prayer No. 2, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 4. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- for filing such a petition in a casual manner and wasted the precious time of Court today, as cost by the petitioner before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan