M/S Nikita Enterprises vs State Of Rajasthan
2021 Latest Caselaw 9467 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 5674/2021

M/s Nikita Enterprises, Through Proprietor Kailash Kumar Changani S/o Shri Dwarka Das Changani, Aged About 43 Years, R/o Barah Gawar Chowk, Bikaner.

----Petitioner Versus

State of Rajasthan, Through Secretary, Medical And Health Department, Jaipur & Ors.

                                                                ----Respondents


For Petitioner(s)        :     Mr. M.S. Purohit (through VC)

For Respondent(s)        :     Mr. Rishi Soni for Mr. Pankaj Sharma,
                               AAG (through VC)

                               Mr. Manoj Bhandari,                Mr.     Govind
                               Suthar (through VC)



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

18/05/2021

By this writ petition, the petitioner has challenged

the e-tender dated 17.2.2021 issued by the office of the

Superintendent of the Rajasthan Medicare Relief Society,

PBM Hospital, Bikaner whereby, e-tenders were invited

from the interested persons for the purpose of supplying

man power.

The challenge of the petitioner is based on several

grounds, however, during the course of arguments, it

appears that the petitioner has already filed a first appeal

(2 of 2) [CW-5674/2021]

challenging the condition of the e-tender dated 17.2.2021

and the said first appeal filed by the petitioner was

dismissed on 23.3.2021 by the First Appellate Authority

on the ground that no one has appeared on behalf of the

petitioner on 18.3.2021, 20.3.2021, 22.3.2021 and

23.3.2021. Admittedly, the first appeal filed by the

petitioner was not decided on merits.

Having gone through the pleadings of the parties

and after going through the material available on record

and as per the consent of all the advocates appearing on

behalf of the parties, I deem it appropriate to dispose of

this writ petition with a direction to the respondent No.5

the Principal, Sardar Patel Medical College & Associated

Group of Hospitals, Bikaner (First Appellate Authority) to decide the appeal filed by the petitioner challenging the

e-tender 15/2020-21 dated 17.2.2021 on merits after

providing opportunity of hearing to the parties concerned

strictly in accordance with law expeditiously, preferably

within a period of ten days from today.

It is made clear that the petitioner shall not seek

adjournment on the ground of non-availability of its

advocate and shall co-operate in all terms.

(VIJAY BISHNOI),J

13-msrathore/-

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