2025:HHC:3055 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No:2461 of 2025 Decided On : 20th February, 2025 __________________________________________________________ M/s Corporate Care (Proprietorship) ...Petitioner Versus Deputy Commissioner (Mandi) ...Respondents -cum- Chairman, Indian Red Cross Society, District Mandi, H.P. & Others. Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioner : Mr. Abhimanyu Rathor, Advocate. For the respondents : Mr. Pranay Pratap Singh, Additional Advocate General. Ranjan Sharma, Judge [Oral] Petitioner [M/s Corporate Care], has come up before this Court seeking the following relief(s):- “(i). Issue a writ of certiorari to quash and set-aside impugned letter of termination of agreement, dated 15.01.2025 (Annexure P-8) forthwith; (ii). Issue a writ of certiorari to quash and set- aside impugned Notice Inviting Tender dated 05.02.2025 (Annexure P-11) forthwith. (iii). Issue a writ of mandamus directing the respondent no.1 & 3 to allow the present 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:3055 - 2 - petitioner to complete normal tenure contract renewal at the present place services forthwith; (iv). Issue directions to respondents No.1 & 3 in the alternative to immediately assess the pending bills in accordance with law and discharge the liability there against in a time bound manner, without harming the interest of petitioner by passing any adverse strictures or orders.” 2. Learned Counsel for the petitioner, states that an agreement was executed on 28.09.2021 inter se, the petitioner and respondents for running Digital X-Ray and ECG Services at Zonal Hospital, Mandi, which was renewed upto 30.09.2024. It is stated that Respondents-Additional Deputy Commissioner-cum-Chairman, Indian Red Cross Society, District Mandi, extended the same as per Communication dated 05.02.2025 [Annexure P-10] upto 28.02.2025, in view of the fact, that Deputy Commissioner-cum-Chairman, Mandi had issued a Notice Inviting Tender dated 05.02.2025 [Annexure P-11]. 3. Pursuant to this Notice Inviting Tender dated 05.02.2025 [Annexure P-11], applications from bidders were called for and were to be opened on 2025:HHC:3055 - 3 - 19.02.2025 at 03:00 p.m. but due to non-participation of any bidder, this tender notice was not acted upon and therefore, the petitioner may be considered for extension beyond 28.02.2025 and his pending dues [for having rendered X-Ray services, since 2023 till day] may released. 4. Per contra, Learned State Counsel on Instructions received telephonically, states that though the work term of the petitioner as per Communication dated 05.02.2025 [Annexure P-10] has been extended upto 28.02.2025, but in case, the petitioner makes a fresh representation to Deputy Commissioner-cum- Chairman, Indian Red Cross Society, District Mandi, within three days from today, for further extension/continuance and for release of admissible pending bills the matter shall be examined, in accordance with law. 5. Faced with this situation, Learned Counsel for petitioner states that he shall make a fresh representation for extension/continuity beyond 28.02.2025 and release of pending bills 2025:HHC:3055 - 4 - [for X-Ray Services], which may be directed to be examined expeditiously, in accordance with law. 6. Taking into account the entirety of facts and circumstances and the limited submissions made by Learned Counsel for the petitioner, which is not opposed by Learned State Counsel, this Court disposes of the instant writ petition, at this stage, in the following terms:- (i). Petitioner shall make a representation to Respondent No.1-Deputy Commissioner- cum-Chairman, Indian Red Cross Society, District Mandi, for continuity/extension beyond 28.02.2025 and for release of payment [For X-Ray Services], within three days from today; (ii). Upon receipt of representation respondent No.1 [Deputy Commissioner-cum- Chairman, Indian Red Cross Society, District Mandi, shall examine the representation and pass appropriate orders thereon, after affording a personal hearing to petitioner on its authorized signatory, in accordance with law, on or before 15.03.2025; (iii). Needless to say that this Court has not adverted to merits or the claim and 2025:HHC:3055 - 5 - contentions of petitioner [for continuity or admissibility of pending dues, if any whatsoever], which shall be examined independently, in accordance with law. (iv). Parties to bear respective costs. In view of the above, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) February 20, 2025 Vacation Judge (Shivender)