Madhusudan Sharma Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 615 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           D.B. Civil Special Appeal (Writ) No. 801/2020

                                       In

               S.B. Civil Writ Petition No.12072/2020

Madhusudan Sharma Son Of Shri Radha Valabh Sharma, Aged
About 41 Years, Resident Of Plot No. 21, Near Stadium Charora
Colony, Karauli (Raj) Proprietor Of M/s. Baba S Kripa Agencies
                                                                    ----Appellant
                                   Versus
1.      State Of Rajasthan, Through The Principal Secretary,
        Government       Of      Rajasthan           Medical      And     Health
        Department, Secretariat, Jaipur
2.      Director,   Medical      And        Health      Services,     Sawasthya
        Bhawan, Behind Secretariat, C-Scheme, Jaipur
3.      Joint Director, Medical And Health Services, Bharatpur
        Zone, Bharatpur
4.      Chief Medical Officer, General Hospital Karauli
                                                                ----Respondents

For Appellant(s) : Mr. Aniroodh Mathur Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Judgment / Order

21/01/2021

Appellant has filed the appeal challenging the order dated

12.10.2020 passed by the learned Single Judge, whereby, writ

petition filed by the appellant was dismissed.

Learned counsel for the appellant has submitted that the

learned Single Judge has erred in dismissing the writ petition. In-

fact, the contract had been wrongly cancelled by the respondents

after part of the contract had already been executed.

(2 of 2) [SAW-801/2020]

Appellant had participated in the bid for supply of man power

to the concerned hospital at Karauli in pursuance to advertisement

published on 25.06.2020. Contract was executed in favour of the

appellant. However, appellant received a letter from the office of

respondent No.4 on 22.09.2020 whereby, he was informed that in

compliance of order dated 21.09.2020 issued by the office of Joint

Director, Medical and Health Service, Bharatpur Zone, Bharatpur,

the tender had been cancelled and it had been decided to invite

fresh tender for the same work.

Appellant had filed the writ petition challenging the action of

the respondents, whereby, contract executed in favour of the

appellant was cancelled vide order dated 22.06.2020. Learned

Single Judge has rightly dismissed the writ petition filed by the

appellant as the dispute-in-question was purely contractual in

nature and the appropriate remedy available to the appellant was

to approach the Civil Court. Disputed questions of fact could not

be gone into by this Court while exercising writ jurisdiction.

No ground for interference is made out.

Dismissed.

                                   (MANOJ KUMAR VYAS),J                                             (SABINA),J

                                   Sanjay Kumawat-66









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