Rajasthan High Court - Jodhpur
Choudhary Construction vs State Of Rajasthan on 23 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11155/2020
Bheru Lal Jat S/o Magna Jat, Aged About 52 Years, R/o Paplaj,
Post Birdhol, Panchayat Samiti Kotdi, District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Redwas, Panchayat Samiti
Kotdi, District Bhilwara.
6. Ambesh Choudhary S/o Bhawani Shankar Choudhary, R/o
Village Akhepur, Post Jawal, Tehsil Kotdi, District Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11156/2020
Chagan Lal Jat S/o Gokul Jat, Aged About 65 Years, R/o Piplaj,
Tehsil Kotdi, District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Nandrai, Panchayat Samiti
Kotdi, District Bhilwara.
6. Ambesh Choudhary, R/o Village Akhepur, Post Jawal,
Tehsil Kotdi, District Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11234/2020
Charbhuja Contractor, Village Piplai Via Birdhol, Tehsil Kotdi,
District Bhilwara Through Its Proprietor Ashok Jat S/o Mishrilal
(2 of 7)
Jat, Aged 28 Years, R/o Village Piplai Via Birdhol, Tehsil Kotdi,
District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Satola Ka Kheda Panchayat
Samiti Kotdi, District Bhilwara.
6. Bherunath Construction And Suppliers, Care Of Project
Officer-Cum-Block Development Officer, Panchayat Samiti
Kotdi, District Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11265/2020
Choudhary Construction, Through Its Proprietor Sanwarlal S/o
Udailal Jat, Aged 47 Years, R/o Kankroliya Ghati, Panchayat
Samiti Kotdi, District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Kishan Garh Panchayat Samiti
Kotdi, District Bhilwara.
6. Sabir Mohd., Care Of Project Officer-Cum-Block
Development Officer, Panchayat Samiti Kotdi, District
Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11331/2020
Choudhary Construction, Through Its Proprietor Sanwarlal S/o
Udailal Jat, R/o Kankroliya Ghati, Panchayat Samiti, Kotdi,
(3 of 7)
District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Akola Panchayat Samiti Kotdi,
District Bhilwara.
6. Ambesh Choudhary S/o Bhawani Shankar Choudhary, R/o
Village Akhepur, Post Jawal, Tehsil Kotdi, District Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11335/2020
Charbhuja Traders, By Paas, Kachhola, Mandalgarh, District
Bhilwara, Through Its Proprietor Shri Mithu Singh Kanawat S/o
Shankar Singh Kanawat, Aged 35 Years, R/o By Paas, Kachhola,
Mandalgarh, District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Kankoriliya Ghati, Panchayat
Samiti Kotdi, District Bhilwara.
6. Choudhary Construction Company, Care Of Project Officer
Cum Block Development Officer, Panchayat Samiti Kotdi,
District Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11366/2020
Choudhary Construction, Through Its Proprietor Sanwarlal S/o
Udaiplal Jat Aged 47 Years, R/o Kankroliya Ghati, Panchayat
Samiti, Kotdi, District Bhilwara.
(4 of 7)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary/commissioner,
Panchayati Raj Department, Se4Cretariat, Jaipur.
2. District Collector, Bhilwara.
3. Chief Executive Officer, Zila Parishad, District Bhilwara.
4. Project Officer-Cum-Block Development Officer, Panchayat
Samiti Kotdi, District Bhilwara.
5. Sarpanch, Gram Panchayat Kanti, Panchayat Samiti Kotdi,
District Bhilwara.
6. Devshree Construction, Through Its Proprietor Hari Lal
Choudhary S/o Mathura Lal R/o Village Ranikheda, Tehsil
Mandalgarh, District Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 11279/2022
M/s Hussain Mohammad Luhar, Through Its Proprietor Hussain
Mohammad Luhar S/o Idu Khan Luhar, Aged About 50 Years,
Resident Of House No. 155, Village Gahuli, Tehsil Kotri, District
Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat Jaipur (Raj.).
2. Additional District Programme Officer Cum Chief
Executive Officer, Zila Parishad, District Bhilwara (Raj.).
3. Vikas Adhikari Cum Programme Officer, Panchayat Samiti
Kotri, District Bhilwara (Raj.).
----Respondents
S.B. Civil Writ Petition No. 11461/2022
M/s Choudhary Construction Company, Through Its Proprietor
Girdhari Lal Jat S/o Moti Lal Jat, Aged About 48 Years, Resident
Of Kakroliya Ghati, Tehsil Kotri, District Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayat Raj Department,
Government Of Rajasthan, Secretariat Jaipur (Raj.).
(5 of 7)
2. Additional District Programme Officer, Cum Chief
Executive Officer, Zila Parishad, District Bhilwara, (Raj.).
3. Vikas Adhikari Cum Programme Officer, Panchayat Samiti
Kotri, District Bhilwara (Raj.).
----Respondents
S.B. Civil Writ Petition No. 11635/2022
M/s Girdhar Singh, Through Its Proprietor Girdhar Singh S/o
Udam Singh, Aged About 43 Years, Resident Of Bada Dantra,
Tehsil Kotri, District Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayat Raj Department,
Government Of Rajasthan, Secretariat Jaipur (Raj.).
2. Additional District Programme Officer Cum Chief
Executive Officer, Zila Parishad, District Bhilwara (Raj.).
3. Vikas Adhikari Cum Programme Officer, Panchayat Samiti
Kotri, District Bhilwara (Raj.).
----Respondents
S.B. Civil Writ Petition No. 11678/2022
M/s Sabir Mohammad Luhar, Through Its Proprietor Sabir
Mohammad Luhar S/o Idu Khan Luhar, Aged About 45 Years,
Resident Of House No. 155, Village Gahuli, Tehsil Kotri, District
Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayat Raj Department,
Government Of Rajasthan, Secretariat Jaipur (Raj.).
2. Additional District Programme Officer Cum Chief
Executive Officer, Zila Parishad, District Bhilwara, (Raj.).
3. Vikas Adhikari Cum Programme Officer, Panchayat Samiti
Kotri, District Bhilwara (Raj.).
----Respondents
S.B. Civil Writ Petition No. 11693/2022
M/s Jitendra Singh Rathore, Through Its Proprietor Jitendra
Singh Rathore S/o Brajraj Singh Rathore, Aged About 41 Years,
Resident Of Bada Dantra, Tehsil Kotri, District Bhilwara (Raj.).
(6 of 7)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat Jaipur (Raj.).
2. Additional District Programme Officer Cum Chief
Executive Officer, Zila Parishad, District Bhilwara (Raj.).
3. Vikas Adhikari Cum Programme Officer, Panchayat Samiti
Kotri, District Bhilwara (Raj.).
----Respondents
For Petitioner(s) : Mr. Manash Ranchhor Khatri
Mr. Bhushan Singh Charan
For Respondent(s) : Mr. Sunil Beniwal, AAG with
Mr. Utkarsh Singh
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
23/01/2023
S.B. Civil Writ Petition No. 11155/2020,
S.B. Civil Writ Petition No. 11156/2020,
S.B. Civil Writ Petition No. 11234/2020,
S.B. Civil Writ Petition No. 11265/2020,
S.B. Civil Writ Petition No. 11331/2020,
S.B. Civil Writ Petition No. 11335/2020,
S.B. Civil Writ Petition No. 11366/2020:-
Since the controversy involved in all the cases are similar,
therefore, they are being heard and decided by this common
order.
The prayers made in these writ petitions are that the Project
Officer-cum-Block Development Officer of the Panchayat Samiti
may be directed to accept the tender of the petitioners being
lowest and further to award the tender in favour of the petitioners.
A prayer has also been made that respondents may be directed to
initiate fresh tender process for the civil and supply work in the
(7 of 7)
Gram Panchayats, in view of the tender proceedings held in the
year 2020-21.
For the prayers made in these writ petitions, the learned
counsel for the petitioners fairly submits that the tender has been
awarded and same has been executed by the respective persons
in whose favour the tender was awarded. He submits that in some
of the tender proceedings, the State Government has also
cancelled the tender awarded in favour of those persons.
By efflux of time, the relief prayed for cannot be granted as
nothing survives in these writ petitions. The same are, therefore,
dismissed.
S.B. Civil Writ Petition No. 11279/2022,
S.B. Civil Writ Petition No. 11461/2022,
S.B. Civil Writ Petition No. 11635/2022,
S.B. Civil Writ Petition No. 11678/2022,
S.B. Civil Writ Petition No. 11693/2022:-
Heard learned counsel for the parties.
Learned counsel for the parties are in agreement that the
controversy involved in the present cases is squarely covered by a
detailed judgment of even date passed by this Court in S.B. Civil
Writ Petition No.11476/2022 "M/s Charbhuja Building and
Material Suppliers Vs. State of Rajasthan & Ors.".
In view of the above, the present writ petitions are disposed
of in terms of the judgment passed by this Court in the case of
M/s Charbhuja Building and Material Suppliers (supra).
(VINIT KUMAR MATHUR),J
54-65-/Vivek/-
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