Citation : 2026 Latest Caselaw 4396 Raj
Judgement Date : 23 March, 2026
[2026:RJ-JD:13633-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 331/2026
M/s R And B Infra Projects Pvt. Ltd., Having Its Registered Office
At Ground Floor, B-1, Neela Apartment, Opp. Mandpeshwar
Industrial Estate, S.v.p. Road, Borivali (West), Mumbai.
----Appellant
Versus
1. State Of Rajasthan, Through The Chairman, Rajasthan
State Road Development And Construction Corporation,
Government Of Rajasthan, Jaipur.
2. The General Manager, Rajasthan State Road Development
And Construction Corporation, Regd. Office At Setu
Bhawan, Opposite Jhalana Doongri, Jaipur-Agra Bypass,
Jaipur-302004.
3. Manaer (Enq.), Rajasthan State Road Development And
Construction Corporation, Setu Bhawan, Opposite Jhalana
Doongri, Jaipur-Agra Bypass, Jaipur-302004.
4. Project Director, Rsrdc Ltd., Unit-Elect.i, Jaipur.
----Respondents
For Appellant(s) : Mr. Vikas Balia Sr. Adv. Assisted by
Ms. Abhilasha Kumbhat
For Respondent(s) : Mr. Pranjul Mehta
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
23/03/2026
1. Vide order dated 13.02.2026, the learned Single Judge of
this Hon'ble Court, while hearing the writ petition which is pending
consideration, observed as under: :-
"This Court further prima facie finds that the office order dated 23.05.2025 has not been challenged by the petitioner before any competent legal forum and, therefore, the same has attained finality.
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[2026:RJ-JD:13633-DB] (2 of 3) [SAW-331/2026]
In the opinion of this Court, since the office order dated 23.05.2025 has attained finality, the petitioner cannot be permitted to participate in the tender process pursuant to the NIT dated 22.01.2026. Accordingly, this Court finds no illegality in the action of the respondents."
2. Being aggrieved by the aforesaid observations and the
consequent order dated 13.02.2026, the appellant/writ petitioner
has preferred the present appeal before this Hon'ble Court.
3. Learned counsel for the appellant submits that the prayer
made in the writ petition preferred by the appellant was
specifically directed towards challenging the office order dated
23.05.2025 itself. It is submitted that aforesaid observation is
contrary to the express prayer made in the writ petition.
4. This Court has examined the prayer clause of the writ
petition, which reads as under:
"i. Quash and set aside the impugned debarment order dated 23.05.2025 (Annexure-9) passed by Respondent No.2, whereby the petitioner has been debarred from participating in future tenders for a period of 1 year; ii. Permit the petitioner to participate in the tender process pursuant to NIT dated 22.01.2026 (Annexure-
10) and all ongoing/future tenders, and not to treat the petitioner as disqualified, debarred or blacklisted on the basis of the impugned order."
5. Having perused the prayer of the writ petition and upon
hearing learned counsel for the parties, this Court finds that the
submission of learned counsel for the appellant is well-founded.
6. In that view of the matter and in the interest of justice, the
impugned order dated 13.02.2026 passed by the learned Single
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[2026:RJ-JD:13633-DB] (3 of 3) [SAW-331/2026]
Judge is hereby quashed and set aside. Consequently, the stay
petition, which had been dismissed, stands revived.
7. Accordingly, the present appeal stands disposed of.
8. It is requested to the learned Single Judge to adjudicate the
second stay petition expeditiously.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
93-Sudheer/-
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