Citation : 2025 Latest Caselaw 764 Chatt
Judgement Date : 25 July, 2025
1
Digitally
signed by
JYOTI
JYOTI SHARMA
SHARMA Date:
2025.07.26
12:28:13
+0530
2025:CGHC:36054-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 3908 of 2025
Rahul Singh S/o Abhay Kumar Singh Aged About 26 Years R/o
House No.29, Neer Nirankari Bhawan Ward No.23, Deepak
Nagar Durg Tehsil And District Durg (C.G.)
... Petitioner(s)
versus
1 State Of Chhattisgarh Through The Joint Secretary
Department Of Agriculture Indrawati Bhawan Atal Nagar Naya
Raipur District Raipur (C.G.)
2 The Collector Durg District Durg Chhattisgarh
3 Competent Officer Krishi Upaj Mandi Samiti Durg Tehsil And
District Durg C.G.
4 Krishi Upaj Mandi Samiti Durg Through Its Secretary Officer
Dhamdha Naka Tehsil And District Durg C.G.
... Respondent(s)
For Petitioner : Mr. Avinash Chand Sahu, though V.C. with Mr. Aman Tamrakar, Advocate
For Respondent/ : Mr. Praful N. Bharat, A.G. along with Mr. State Hariom Rai, Panel Lawyer
For Respondent : Mr. Y.S. Thakur, Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge
Judgment on Board Per Ramesh Sinha, Chief Justice 25.07.2025
1. Heard Mr. Avinash Chand Sahu though V.C. along with Mr.
Aman Tamrakar, learned counsel for the petitioner and Mr.
Praful N. Bharat learned A.G. along with Mr. Hariom Rai,
learned Panel lawyer for the State and Mr. Y.S. Thakur, learned
counsel for respondent No. 4.
2. By the present writ petition, the petitioner is challenging the
notice inviting tender number/2024-25/2148 dated 11.03.2025
issued by respondent No. 4.
3. The present petition is filled seeking the following reliefs:-
"10.1 That, this Hon'ble Court may kindly be pleased to quash/set aside notice inviting tender Number/2024-25/2148 dated 11.03.2025 issued by the concerned respondent No. 2 and pass order of cancellation of the above tender in the interest of justice.
10.2 that, this hon'ble court may kindly be pleased to direct the respondents to issue fresh tender inviting notice in regularly circulated news paper and in online portal of the respondent no.4 for the works mentioned in the above tender no. Number/2024-25/2148 dated 11.03.2025 issued by the concerned respondent No. 5 in the interest of justice.
10.3 That, any other relief which this Hon'ble Court deems fit, may be granted to the
petitioner, in the interest of justice."
4. Learned counsel for the petitioner submits that respondent
Krishi Upad Mandi, District-Durg C.G. has published notice
inviting tender Number/2024-25/2148 dated 11.03.2025 in a
very less spread newspaper namely "Aaj Ki Jandhara" and
"Saathi Sandesh". He further submits that as the above
mentioned newspaper were not widely circulated in the State of
C.G., public at large were not aware about the issuance of the
above tender. He further submits that only to facilitate their near
and dear ones the respondents have not published the
information regarding the tender in the widely spread
newspapers. He further submits that the general rules of inviting
tender have not been followed by the respondent authorities in
issuance fo the above tender. He also submits that though
several complaints were made before the concerned authority
but no initiation or any action was taken against the
respondents and only 8 contractors have participated in the
above tender. Hence, prays for direction to the respondents for
issuance of fresh tender.
5. Learned counsel for the respondents, per contra, would submit
that as per instructions received in pursuant of the Notice
Inviting Tender/2024-25/2148 dated 11.03.2025, the financial
bid has already been opened and it has been forwarded for
approval. It is also submitted that proper procedure has been
followed while issuing the NIT.
6. We have heard learned counsel for the parties, perused the
pleadings and documents.
7. Bare perusal of the documents shows that date of submission
of the above tender was 22.04.2025 and date of opening of the
tender was 25.04.2025 and above tender has been published in
the newspapers on 11.03.2025. Further as per the submission
made by learned counsel for the respondents, as the financial
bid has already been opened, at the belated stage we do not
deem it proper to interfere with the tender process. The
petitioner approached this court in July, 2025 i.e. after lapse of
more than 3 months from the date of opening of the financial
bid. He has never tried to make any effort with regard to the
alleged irregularities and illegalities committed by the authorities
in respect of the subject tender.
8. Accordingly, the present WPC is dismissed at the motion stage
itself.
SD/- SD/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Jyoti/ $ Bhilwar
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