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2025 DAILYLAW 40039 (JHR)

M/S RAJESH CONSTRUCTION THRO ITS PROPRIETOR NEMELY RAJESH KUMAR v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/6809/2025 · 2025-12-08

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:36680-DB p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6809 of 2025 M/s. Rajesh Construction through its proprietor namely Rajesh Kumar, aged about 46 years, S/o-Baliram Sahu, R/o- Village- Bhadauli, P.O. & P.S.- Sisai, District- Gumla, Jharkhand …… ….. Petitioner 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand having its office at Project Building, P.O. & P.S.- Dhurwa, District-Ranchi 2. The Secretary, Department of Rural Works, Government of Jharkhand having its office at Project Building, P.O. & P.S.- Dhurwa, District-Ranchi 3. The Engineer-in-Chief, Department of Rural Works, Ranchi having its office at Project Building, P.O. & P.S. Dhurwa, District- Ranchi 4. The Executive Engineer, Rural Works Department, Works Division, Gumla having its office at-Behind Vikas Bhawan, Near DDC Office, P.O. & P.S.-Gumla, District-Gumla ….. ….. Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Mr. Karamdeo, Advocate Mr. Vishwanath Moon, Advocate For the Respondents: Mr Piyush Chitresh, A.C. to AG --------- 02/Dated: 08.12.2025 1. The instant petition has been filed for grant of following reliefs:- i) For the issuance of an appropriate writ(s)/order(s)/direction(s) for quashing and setting aside the order as contained in Letter No. 2185 dated 29.08.2025 (Annexure-3) as the same is illegal and arbitrary and contrary to the terms and conditions of the tender being NIT No. 08/R1/2024- 25/RWD/W/EE/GUMLA dated 10.01.2025 (Annexure- 1). ii) For the issuance of an appropriate writ(s)/order(s)/direction(s) or a Writ in the nature of mandamus directing the Respondent Authorities, 2025:JHHC:36680-DB p. 2 particularly the Respondent No. 3 & 4 to declare the Petitioner's bid to be technically qualified in terms of the technical evaluation report dated 21.01.2025 (Annexure-2) and terms and conditions of the NIT being NIT No. 08/R1/2024-25/RWD/W/EE/GUMLA dated 10.01.2025 (Annexure-1). iii) For the issuance of an appropriate writ(s)/order(s)/direction(s) or a Writ in the nature of mandamus directing the Respondent Authorities to take no further step for the operation and implementation of the NIT No. 08/R1/2024- 25/RWD/W/EE/GUMLA dated 10.01.2025 (Annexure- 1) till the passing of reasoned order on the objections and representations of the Petitioner as enclosed in Annex-4 (Series) and Annex-5 (Series) of the instant Writ Petition. iv) For the issuance of an appropriate writ(s)/order(s)/direction(s) directing the Respondent Authorities to take no further step for the operation and implementation of the NIT No. 08/R1/2024- 25/RWD/W/EE/GUMLA dated 10.01.2025 during the pendency of the instant Writ Petition before this Hon'ble Court. v) For the issuance of an appropriate writ(s)/order(s)/direction(s) directing the Respondent Authorities to compensate the Petitioner for the losses suffered due to arbitrary, malafide action of the Respondent Authorities. 2. Since the representation of the petitioner is still pending consideration before the authority and the tender otherwise has not been taken to its logical end, therefore, we deem it appropriate to dispose of this petition by directing the respondent no. 3 to consider and decide the representation made 2025:JHHC:36680-DB p. 3 by the petitioner within a period of two weeks from today i.e. by 22.12.2025. 3. Needless to say that the petitioner would be afforded an opportunity of hearing and the decision shall be reasoned and speaking. (Tarlok Singh Chauhan, C.J.) NAFR (Rajesh Shankar, J.) 08.12.2025 Sharda/MM/ Cp.02 Uploaded on 09.12.2025