Rajasthan High Court - Jodhpur
M/S Shyam Construction Company vs State Of Rajasthan on 10 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6420/2022
M/s Shyam Construction Company, Ganeshpura, Haripura,
Indokha, Tehsil Nawa, District Nagaur, Through Its Proprietor
Ratana Ram Mawaliya, Son Of Shri Moti Ram Mawaliya, Aged 32
Years, Resident Of Indokha, Tehsil Nawa District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Rural Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur.
2. The District Collector, Nagaur.
3. The Chief Executive Officer, Zila Parishad, Nagaur.
4. The Vikas Adhikari, Panchayat Samiti, Kuchaman City,
District Nagaur.
5. The Sarpanch, Gram Panchayat, Indali, Panchayat Samiti,
Kuchaman City, District Nagaur.
6. The Secretary, Gram Panchayat, Indali, Panchayat Samiti,
Kuchaman City, District Nagaur.
7. M/s P.r. Mayla Construction Company, Through Its
Proprietor Prahlad Ram, Resident Of Village Khusia, Tehsil
Nawa, District Nagaur.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
10/05/2022
This writ petition is filed by the petitioner-firm challenging
the condition No.19 of e-tender notice dated 15.04.2022
(Annexure-1) issued by the Gram Panchayat, Indali, Panchayat
Samiti Kuchaman City, District Nagaur.
(2 of 3) [CW-6420/2022]
The condition No.19 of e-tender dated 15.04.2022
(Annexure-1) provides that a bidder should have the turnover of
Rs. 1 crore in the last financial year and for that purpose the
bidder has to submit its audit report prepared by the chartered
accountant.
Brief facts of the case are that the petitioner-firm has
submitted its bid in response to e-tender (Annexure-1), however,
its bid came to be rejected by the procuring authority on
25.04.2022 on the ground that it has not complied with the terms
of the e-tender (Annexure-1).
Learned counsel for the petitioner has submitted that the
condition No.19 mentioned in the e-tender (Annexure-1)
regarding the turnover of Rs.1 crore in the last financial year is
absolutely illegal. It is also submitted that this condition is
contravention of the various circulars/orders/guidelines issued by
the State Government from time to time.
It is further submitted that though, some of the Gram
Panchayats of Panchayat Samiti Kuchaman City have mentioned
this condition in the e-tenders issued by them, but many of them
have not mentioned the similar condition. It is also submitted that
the Gram Panchayat Prempura, Panchayat Samiti Kuchaman City
has withdrawn the said condition by taking into consideration the
objection raised by some of the prospective bidders.
It is an admitted position that the petitioner-firm is neither
meeting the condition No.19 mentioned in the e-tender
(Annexure-1) nor has raised any objection regarding the said
condition No.19 before submitting its bid in response of e-tender
(Annexure-1). The petitioner-firm has raised objection regarding
(3 of 3) [CW-6420/2022]
the condition No.19 of e-tender (Annexure-1) after rejection of its
bid on 25.04.2022.
In view of the above fact that before submitting bid in
response to the e-tender (Annexure-1), the petitioner-firm has not
raised any objection before the procuring authority and has raised
objection only after rejection of its bid, I am of the opinion that
the challenge of the petitioner-firm to the said condition No.19 is
bereft of any merit as it was open for the petitioner-firm to raise
objection regarding condition No.19 before submission of its bid in
response to e-tender (Annexure-1) or before rejection of its bid.
Once the petitioner-firm has submitted its bid having knowledge of
condition No.19 and participated in tender process, it is not open
for it to turn back and challenge the condition No.19 when its bid
is rejected.
Hence, I am not inclined to interfere in this writ petition and
the same is hereby dismissed.
Stay petition is also dismissed.
(VIJAY BISHNOI),J
137-AjaySingh/-
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