Bihariji Agro Foods Private ... vs State Of Rajasthan
2022 Latest Caselaw 2856 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 5266/2022

Bihariji Agro Foods Private Limited, Having Its Registered Office
At- A-1/113, Safdarjung Enclave, New Delhi, Through Authorized
Signatory Sunil Dasot.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Ministry Of Women And
       Child Development Through Directorate Integrated Child
       Development Services (I.c.d.s.), Having Its Office At 2,
       Jalpath, Gandhi Nagar, Jaipur 302015 Through Director.
2.     Cooperative Department, (Govt. Of Rajasthan), Having
       Office At Secretariat, Janpath, Jaipur Through Principal
       Secretary.
3.     Rajasthan Rajya Sahakari Upbhokta Sangh Ltd. (Confed),
       Having Head Office At 237, Ii Floor, Nehru Sahkar
       Bhawan, Bhawani Singh Road, Jaipur Through General
       Manager.
4.     Managing Director, Rajasthan Rajya Sahakari Upbhokta
       Sangh Ltd. (Confed), Uphaar Super Market, Sahakar
       Bhavan, Jaipur.
5.     The Registrar Cooperative Societies, Rajasthan Rajya
       Sahakari Upbhokta Sangh Limited, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Sudhir Gupta, Sr. Adv. with Mr. Vikram Singh, Ms. Shweta Chauhan, Ms. Sejal Harneja, Mr. Prayansh Jain & Mr. Siddhharth Jain For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

05/04/2022

Learned Senior Counsel for the petitioner inter alia submits

that E-tender dated 15.03.2022 is in violation of the notification

(2 of 2) [CW-5266/2022]

dated 19.11.2015 issued by the State Government which restricts

procurement of scheduled items i.e. Nutrition Food in the present

case, from the Micro and Small Enterprises only, whereas under

the NIT in question even medium enterprises have been

permitted to participate in the bid process. He, in support of his

submission, relies on a judgment of Hon'ble Apex Court in the

case of Vaishnoran Mahila Bachat Gat vs. State of Maharashtra &

Ors. (2019) 15 SCC 718.

Drawing attention to this Court towards proviso to Section 38

read with Section 40 of the Rajasthan Transparency in Public

Procurement Act, 2012, learned Senior Counsel submitted that the

alternate remedy of statutory appeal is unavailable to it.

Issue notice of the writ petition as well as of stay application.

Notices be given 'dasti'.

Heard learned Senior Counsel for the petitioner on interim

relief.

Taking into consideration the contentions advanced by

learned Senior Counsel and the material on record, this Court

deems it proper to direct that the tender process/work contract in

pursuance of tender notice dated 15.03.2022 shall remain subject

to decision of the writ petition.

List on 18.04.2022 as prayed.

(MAHENDAR KUMAR GOYAL),J

AMIT KUMAR /109

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