1 CGHC010253832026 2026:CGHC:32480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 211 of 2026 1 - Chhattisgarh Medical Services Corporation Limited Through Its Managing Director North- West Commercial Complex, Sector- 27, Atal Nagar, Chhattisgarh, District Raipur (C.G.) 2 - General Manager Equipment, Chhattisgarh Medical Services Corporation Limited North-West Commercial Complex, Sector- 27, Atal Nagar, Raipur, District Raipur (C.G.) ... Petitioners versus 1 - Kansal Medical Systems Pvt. Ltd. Through Its Director Mr. Manish Agrawal, Aged About 35 Years, S/o Mr. Jai Prakash Agrawal, R/o 1-B, Megna Block, Merlin Jaishree Vihar, Mandi Gate, Pandri, Raipur, Chhattisgarh, District Raipur (C.G.) (Petitioner Of The Petition) 2 - State Of Chhattisgarh (Through Secretary, Department Of Health And Family Welfare) Mantralaya, Mahanadi Bhavan, Atal Nagar, Raipur, District Raipur (C.G.) 3 - Superintendent Of Police Raipur District Raipur Chhattisgarh, District Raipur (C.G.) 4 - The State Of Chhattisgarh Through The Station House Officer, PS Civil Lines, Raipur, District Raipur Chhattisgarh, District Raipur … Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Raghvendra Pradhan, Advocate For Respondent No.1 : Mr. Khulesh Sahu, Advocate For State : Mr. Shobhit Mishra, Dy. Govt. Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.29 18:32:58 +0530 2 Hon'ble Shri Amitendra Kishore Prasad , Judge Order on Board 29.07.2026 1. The present review petition has been filed seeking review/modification of the order dated 15.04.2026 passed by this Court in W.P.(C) No.1577 of 2020 (Kansal Medical Systems Pvt. Ltd. v. State of Chhattisgarh & Others), limited to the extent that the quashing of the impugned order dated 09.05.2020 and the consequential complaint be confined only to the writ petitioner, namely Kansal Medical Systems Pvt. Ltd., and not be construed as extending to any other person or entity who was not a party to the writ proceedings. 2. Learned counsel appearing for the review petitioners submits that while allowing W.P.(C) No.1577 of 2020, this Court held that the impugned order dated 09.05.2020 and the consequential complaint were unsustainable insofar as the writ petitioner was concerned, as admittedly no concluded contract had come into existence between the petitioner and the respondents. It is submitted, however, that the operative portion of the judgment, by quashing the impugned order dated 09.05.2020 and the consequential complaint in their entirety, has inadvertently conferred the benefit of the judgment upon National Medicos, Bilaspur, the successful (L-1) bidder, who was not a petitioner before this Court and had never challenged the impugned order or the consequential complaint. It is further submitted that this Court, in paragraph 11 of the judgment, has itself observed that any lapse in the procurement process or failure on the part of the successful bidder 3 could not be mechanically attributed to the writ petitioner, who was only the L-2 bidder. Thus, the findings recorded by this Court were confined exclusively to the case of the writ petitioner and were never intended to exonerate or grant relief to the successful bidder or any other person against whom the authorities may have independent allegations. Learned counsel, therefore, submits that an apparent error has crept into the operative portion of the judgment and prays that the order be suitably modified by clarifying that the quashing of the impugned order dated 09.05.2020 and the consequential complaint shall operate only in favour of the writ petitioner, namely Kansal Medical Systems Pvt. Ltd. 3. Learned counsel appearing for respondent No.1, as well as the learned State counsel, fairly submit that they have no objection if the operative portion of the order is clarified to the aforesaid limited extent, as the findings recorded in the writ petition were only with respect to the writ petitioner. 4. Having heard learned counsel for the parties and on perusal of the record, this Court finds that the scope of adjudication in W.P.(C) No.1577 of 2020 was confined to the grievance raised by the writ petitioner, namely Kansal Medical Systems Pvt. Ltd., challenging the legality of the order dated 09.05.2020 and the consequential complaint insofar as they related to the petitioner. The successful bidder, namely National Medicos, Bilaspur, was neither a petitioner before this Court nor had it sought any relief by independently assailing the impugned order or the consequential complaint. 4 5. A reading of the judgment dated 15.04.2026 makes it evident that the findings recorded by this Court were exclusively with respect to the writ petitioner. In particular, paragraph 11 of the judgment specifically observes that any alleged lapse or failure on the part of the successful bidder could not be attributed to the petitioner, who was merely an unsuccessful (L-2) bidder. Thus, the reasoning adopted by this Court was confined to the rights and liabilities of the writ petitioner alone. 6. However, the operative portion of the judgment, by directing quashing of the impugned order dated 09.05.2020 and the consequential complaint without expressly restricting the relief to the writ petitioner, is capable of being construed as extending the benefit of the judgment to persons who were not before this Court. Such a consequence was neither intended nor supported by the reasoning contained in the judgment. It is well settled that relief under Article 226 of the Constitution ordinarily enures only to the benefit of the litigating party unless the Court specifically directs otherwise. No such direction was issued in the present case. 7. Since the error is apparent from the record and the clarification sought is only to align the operative portion with the findings already recorded in the judgment, this Court is of the considered opinion that the review petition deserves to be allowed. 8. Accordingly, the review petition is allowed. The operative portion of the judgment and order dated 15.04.2026 passed in W.P.(C) No.1577 of 2020 is modified and clarified to the extent that the impugned order 5 dated 09.05.2020 and the consequential complaint shall stand quashed only insofar as they relate to the writ petitioner, namely Kansal Medical Systems Pvt. Ltd. The judgment shall not be construed as granting any relief to National Medicos, Bilaspur or to any other person or entity who was not a petitioner before this Court. Save for the aforesaid clarification/modification, the judgment dated 15.04.2026 shall remain unaltered in all other respects. 9. The review petition stands allowed accordingly. 10. A copy of this order be placed along with the records of W.P.(C) No.1577 of 2020. Sd/- (Amitendra Kishore Prasad) Judge Yogesh