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2025 DAILYLAW 47657 (RAJ)

ASHOK KUMAR AMIT KUMAR AND CO. v. STATE OF RAJASTHAN

CW/18142/2025 · 2025-12-02

Sandeep Taneja

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:49003] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18142/2025 Ashok Kumar Amit Kumar And Co., Through Its Authorized Partner Ashok Siyag, Branch Office Near Laxmi Woollen Mill, Sarvodaya Basti, Bikaner-334004 (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Water Resources Department, Department, Government Of Rajasthan, Secretariat, Jaipur 2. Bhuwan Bhaskar, First Appellate Authority Cum Chief Engineer, Water Resources Department, Jaipur (Rajasthan) 3. Additional Chief Engineer, Water Resources Department, Zone Jaipur 4. Chief Accounts Officer, Water Resources Department, Jaipur 5. Superintending Engineer, Water Resources Department, Circle Ajmer 6. Executive Engineer, Water Resources Department, Division-II, Ajmer 7. M/s Rnc Infra Project, Through Its Authorized Signatory Ram Niwas Siyag Having Its Office Near Laxmi Woollen Mill, Sarvodaya Basti, Bikaner-334401 (Rajasthan) And Having Its Head Office At 23, Basement, Bhai Veer Singh Marg, Goal Market, New Delhi ----Respondents For Petitioner(s) : Mr. Deepak Bishnoi For Respondent(s) : Mr. B.S. Chhaba, AAG with Mr. Hardik Singh HON'BLE MR. JUSTICE SANDEEP TANEJA Order 02/12/2025 1. The present writ petition has been filed by the petitioner against the impugned order dated 06.10.2025 passed by the First Appellate Authority-cum-Chief Engineer, Water Resources Department, Jaipur in First Appeal No.90/2025-26 filed under Rajasthan Transparency in Public Procurement Act, 2012 (RTPP). [2025:RJ-JP:49003] (2 of 2) [CW-18142/2025] 2. After arguing for some time, learned counsel for the petitioner does not want to press the present writ petition with a liberty to file second appeal before the Second Appellate Authority under Section 38(4) of the aforesaid Act. However, learned counsel for the petitioner submits that limitation for filing the second appeal has lapsed and prays for granting some short time to file the same with a direction to the respondents to consider the same within the period of limitation. Learned counsel further prays that the respondent -Authorities be directed to not issue the work order until the second appeal is decided. 3. In view of the above facts and circumstances and also in the interest of justice, it is directed that if the second appeal is filed within a period of 7 days from the date of receipt of certified copy of this order, the appeal shall be treated as having been filed within the period of limitation. 4. The respondents are also directed not to issue the work order until the stay application, if any, filed by the petitioner along with the second appeal, is decided by the Second Appellate Authority. 5. In view of the above directions, the present petition is disposed of as not pressed, with liberty as prayed for. 6. Pending application(s), if any, stands disposed of. (SANDEEP TANEJA),J AVINASH GULERIA /174