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2025 DAILYLAW 41509 (RAJ)

M/S MODI CONSTRUCTION COMPANY v. URBAN IMPROVEMENT TRUST

CW/7003/2025 · 2025-08-27

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:34061] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7003/2025 M/s Modi Construction Company, Having Its Registered Office At Near Khatu Shyaam Mandi, Mohalla Brahmchari, Alwar, Rajasthan Through Its Authorized Signatory Shri Mahendra Kumar Modi S/o Shri Ram Gopal Modi, Aged About 54 Years, R/o Mohalla Brahmchari, Near Khatu Shyam Mandir, Alwar, Rajasthan. ----Petitioner Versus 1. Urban Improvement Trust, Office- Near Bhagat Sigh Circle, Alwar (Raj) Through Secretary, Urban Improvement Trust Alwar. 2. The Executive Engineer, Urban Improvement Trust, Alwar, (Rajasthani Office Near Bhgat Singh Circle, Alwar, Rajasthan. 3. The Chairman Office, Urban Improvement Trust, Near Bhgat Singh Circle, Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ankul Gupta For Respondent(s) : Mr. Manoj Sharma, AAG Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 27/08/2025 1. Learned counsel for the petitioner has submitted that the petitioner-firm was debarred from participating in the tender process for a period of six months, in the year 2022. It is further submitted that the said order has lost its value as period of six months are over. 2. Further, it is submitted that qua the inaction of the respondents and being aggrieved of the same, the petitioner has given a legal notice vide notice dated 25.01.2025 (Annexure-12), the same is reflected on the registered acknowledgment. 3. Additionally, learned counsel has drawn attention of this Court on the dictum encapsulated in judgment titled as Pawan [2025:RJ-JP:34061] (2 of 3) [CW-7003/2025] Meena vs. State of Rajasthan & Ors. (SBCWP No. 1665/2024; Neutral Citation: 2024:RJ-JP:5792) and circular dated 19.02.2024 passed by Chief Secretary, Rajasthan and has submitted that despite lapse of eight months, there is no adjudication qua the representation/legal notice. Hence, the present petition is filed. 4. Heard. 5. Issue notices. 6. On directions of the Court, Mr. Manoj Sharma, learned AAG as well as Mr. V.D. Gathala, AGC, accepts notices for respondents and have not disputed the above said contentions of the learned counsel for the petitioner. 7. Further, it is submitted that dictum enunciated in Pawan Meena (Supra) as well as Circular dated 19.02.2024 passed by Chief Secretary, Rajasthan are for consideration of the representation filed by the citizens/aggrieved party. It is further submitted that the State is a welfare institution who has duty to resolve the grievances, if filed and put forth before the appropriate authorities. Further, learned counsel has assured to ensure the compliance with the judgment titled as Pawan Meena (Supra) as well as Circular dated 19.02.2024. 8. Considering the foregoing facts and circumstances of the case, this Court deems it apposite to cautiously make it clear that if representations filed by the harassed/aggrieved persons or citizens are not dealt with in an appropriate time, legitimate cost will be imposed upon the concerned authority to compensate the litigant. [2025:RJ-JP:34061] (3 of 3) [CW-7003/2025] 9. In view of the above, the instant mater stand disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/76