[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
M/S Sukumal Traders vs State Of Rajasthan (2026:Rj-Jd:6143) on 3 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:6143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4803/2023
M/s Sukumal Traders, New Sabji Mandi, Dungarpur, Rajasthan
Through Its Power Of Attorney Hardik Jain S/o Shri Kachrulal
Jain, Aged 29 Years, R/o Sf/71, Sukumal Villa, Shivaji Nagar,
Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Commissioner, Department
Of Tribal Area Development, Udaipur.
2. Director, Directorate Of Sanitation, Water And Community
Health Project, Udaipur.
----Respondents
For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv.
assisted by Mr. Chayan Bothra
Mr. Sarthak Asopa
For Respondent(s) : Mr. Gaurav Bishnoi for
Mr. Mahaveer Bishnoi, AAG
Mr. Rajak Khan
Mr. Pankaj Sain
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/02/2026
By way of filing the present civil writ petition under Article
226 of the Constitution of India, the petitioner has prayed for the
following reliefs:-
"It is, therefore, most respectfully prayed on behalf
of petitioner that the writ petition may kindly be allowed
and by an appropriate writ, order or direction:-
I. The impugned order dated 17.03.2023 passed by
respondent no. 2 (Ann.-10) may kindly be quashed and
set aside;
II. As a consequence to the relief number 1 the authorities
may be directed to release the remaining outstanding
payment pursuant to work order dated 16.03.2021 in
favour of petitioner firm forthwith;
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III. Any other appropriate order or direction, which this
Hon'ble Court considers just and proper in the facts and
circumstances of this case, may kindly be passed in favour
of the petitioner.
IV. Costs of the writ petition may kindly be awarded to the
petitioner."
2. Having heard learned counsel for the parties at the Bar and
having perused the material available on record, this Court finds
that the petitioner firm was issued a work order dated 16.03.2021
for the supply of certain furniture/wooden items to various schools
and hostels of the State of Rajasthan by the Director, Sanitation,
Water and Community Health Project, Udaipur. The petitioner firm
completed the work of supplying furniture in accordance with the
terms and conditions of the work order.
Upon completion of the work, certain complaints were
received alleging that the furniture supplied by the petitioner firm
was not in conformity with the prescribed specifications and that
the quality of the furniture was also substandard. Thereafter, the
Director, Sanitation, Water and Community Health Project,
Udaipur, vide order dated 17.03.2023, debarred the petitioner firm
from participating in any tender process initiated by the
Department of Tribal Area Development, and further ordered
forfeiture of its outstanding dues as well as the performance
security.
The record reveals that the impugned order dated
17.03.2023 was passed by the Director, Sanitation, Water and
Community Health Project, Udaipur on the basis of inquiry reports
received from the office of the Additional Chief Engineer, P.W.D.,
Udaipur (Headquarters, Banswara) and the Superintending
Engineer, Quality Control Division, Pratapgarh. It appears to this
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Court that prior to passing the impugned order, the inquiry report
submitted by the office of the Additional Chief Engineer, P.W.D.,
Udaipur (Headquarters, Banswara) was not furnished to the
petitioner. In other words, the inquiry report which formed the
basis for issuance of the impugned order dated 17.03.2023 was
neither supplied to the petitioner, nor was the petitioner afforded
an opportunity to submit his explanation, reply, or objections
thereto.
Thus, the respondents have clearly violated the principles of
natural justice by passing the impugned order without granting
the petitioner a proper and effective opportunity of hearing to
explain the alleged deficiencies in the supply of furniture/wooden
items pursuant to the work order dated 16.03.2021.
Consequently, the impugned order dated 17.03.2023
(Annexure -10) is quashed and set aside. The respondent No.2 the
Director, Sanitation, Water and Community Health Project, Udaipur
is directed to supply a copy of the inquiry report dated
02.01.2023, received from the office of the Additional Chief
Engineer, P.W.D., Udaipur (Headquarters, Banswara), to the
petitioner within a period of four weeks from today. The petitioner
shall be at liberty to submit his reply/explanation in respect of the
aforesaid inquiry report within a period of six weeks thereafter.
Upon receipt of the petitioner's reply, the Director,
Sanitation, Water and Community Health Project, Udaipur shall re-
examine the matter and pass a fresh, reasoned, and speaking
order in accordance with law, without being influenced by the
impugned order dated 17.03.2023, whereby the petitioner firm
was debarred from participating in the tender process initiated by
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the Department of Tribal Area Development, Udaipur, and its
performance security and outstanding dues were ordered to be
forfeited. The aforesaid exercise shall be completed within a
period of eight weeks from the date of receipt of the petitioner's
reply.
Accordingly, the present civil writ petition is disposed of with
the aforesaid direction.
All pending application stand disposed of.
(KULDEEP MATHUR),J
35-himanshu/-
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