[2025:RJ-JP:36917] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13760/2025 Bhawani Borewell, Proprietorship Through Its Proprietor, Mandeep S/o-Dharamveer Singh, Age About -34 Years, R/o- Office-Khasra No-597, Khata No-37, Ghumansar Kalan, Khudaniya, Dist- Jhunjhunu, Raj. ----Petitioner Versus 1. The State Of Rajasthan, Through Director Cum Special Secretary, Local Self Government Department, Govt. Of Rajasthan, Jaipur, Raj. 2. The Executive Officer, Nagar Palika Vidya Vihar, Pilani, District Jhunjhunu, Raj. ----Respondents For Petitioner(s) : Mr. Naveen Dhuwan For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 11/09/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 29.07.2025 passed by the respondent by which the technical bid offered by the petitioner has been accepted. 2. In the considered opinion of this Court, the aforesaid order passed by the respondent is appealable under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (for short, ‘the Act of 2012’) but without availing the alternative statutory remedy of filing appeal under Section 38 of the Act of 2012, the petitioner straightway approached in this Court by way of filing this petition. [2025:RJ-JP:36917] (2 of 2) [CW-13760/2025] 3. It is the settled proposition of law that whenever alternative remedy of filing appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. 4. On this count alone, the present writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal under Section 38 of the Act of 2012. In case, such appeal is preferred by the petitioner within a period of one week, it is expected from the Appellate Authority to decide the same strictly in accordance with law, preferably within a period of fifteen days thereafter strictly in accordance with law by passing a reasoned and speaking order. 5. Stay application and all pending application (s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/31