M/S Chhagani Ram Gehlot vs State Of Rajasthan
2022 Latest Caselaw 4154 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3049/2022 M/s Chhagani Ram Gehlot, Through Its Director Chhagani Ram Gehlot S/o Shri Achalu Ram Gehlot, Aged About 70 Years, R/o 327 Dilip Nagar, Lal Sagar, Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Local Self, Secretariat, Jaipur.

2. Director, Local Self Government Department, Rajasthan, Building G-3, Rajmahal, Civil Line Phatak, Jaipur.

3. The Jodhpur Municipality Corporation (North), Through Its Commissioner, Polytechnic College Campus Residency Road, Rajasthan.

4. M/s Naresh Sankhla, Through Its Proprietor Shri Naresh Sankhla R/o Plot No. 2473/16, Behind Bhadwasiya School Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Kuldeep Mathur, Sr. Adv. assisted by Mr. Ankur Mathur

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 15/03/2022

Being aggrieved with the decision of the respondent- Jodhpur

Municipality Corporation (North) of rejecting the technical bid of

the petitioner-firm, submitted by it, in response to the e-tender

dated 02.09.2021, the petitioner-firm has preferred first appeal as

per provisions of Section 38 (1) of the Rajasthan Transparency

and Public Procurement Act, 2012 (hereinafter referred as 'act of

2012') and the said appeal came to be dismissed by the first

appellate authority vide order dated 22.12.2021. Being aggrieved

with order dated 22.12.2021, the petitioner has preferred the

second appeal as provided under Section 38 (4) the act of 2012

before the second appellate authority i.e. Director, Local Self

Government Department, Jaipur, Rajasthan within limitation

period.

(2 of 2) [CW-3049/2022]

Learned counsel for the petitioner-firm has submitted that

the second appeal was preferred by the petitioner-firm in the last

week of December, 2021, however, the same has not been

decided by the second appellate authority, though, as per Section

38 (6) of the Act of 2012 the second appeal is required to be

decided within 30 days from the date of filing of appeal.

Learned counsel for the petitioner-firm has further submitted

that the 30 days time has already been expired but the second

appellate authority i.e. Director, Local Self Government

Department, Jaipur, Rajasthan has not decided the appeal filed by

the petitioner-firm till date, therefore, directions be issued to the

Director, Local Self Government Department, Jaipur, Rajasthan to

decide the second appeal of the petitioner-firm expeditiously.

In view of the above facts and circumstances of the case and

limited prayer made by the petitioner, I deem it appropriate to

dispose of this writ petition with a direction to the respondent

No.2-Director, Local Self Government Department, Jaipur,

Rajasthan to decide the second appeal filed by the petitioners-

firm, in accordance with law after providing opportunity of hearing

to all the parties concerned, within a period of two weeks from the

date of production of the certified copy of this order.

Ordered Accordingly.

(VIJAY BISHNOI),J 24-mohit/-

Powered by TCPDF (www.tcpdf.org)