M/S Santosh Kumar Agrawal And Co. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 441 of 2021 • M/s Santosh Kumar Agrawal And Co. (Registered In Class A Under Unified Registration System I.D. Is Cger01789) Through Partner Ashish Agrawal S/o Shri Basant Lal Agrawal, Aged About 42 Years R/o Gopal Rice Mill Parisar, Dabhara Road, Kharsia District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

2. Engineer In Chief Public Works Department, Address O/o E - In- C, Pwd, Nirman Bhawan, North Block, Sector - 19, Capital Complex, Nava Raipur, Atal Nagar Raipur Chhattisgarh

3. Managing Director Chhattisgarh Warehousing Corporation Head Office, Village Jhanjh, Sector - 24, Atal Nagar Raipur Chhattisgarh. ---- Respondents For Petitioner :

Ms. Sharmila Singhai, Advocate For State :

Mr. Gagan Tiwari, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 03.02.2021 Heard.

1. Learned counsel for the petitioner submits that the respondent No. 3 floated a tender for the construction of Godown Complex, the date for online submission of the tender was 26.05.2020 and the petitioner has submitted his tender within the stipulated time period. Subsequently,

the financial tender was opened on 21.09.2020 and the petitioner was found L-1 as he had quoted the lowest price. It is stated that thereafter the tender process has not been concluded despite the fact that the petitioner was L-1. Consequently, the petitioner has filed an application on 25.11.2020 (Annexure P/4). It is further submitted that the limited prayer made by the petitioner is that the said application may be directed to be decided by the respondent- Chhattisgarh Warehouse Corporation.

2. Considering the submission made since at this stage limited prayer has been made to decide the application of the petitioner dated 25.11.2020 (Annexure P/4) on the ground that the petitioner was the lowest L-1 in financial bid for tender floated, it is contended that the earnest money was also deposited, in view of this fact the respondent No. 3 is directed to decide the application preferred by the petitioner dated 25.11.2020 within a further period of 60 days from the date of receipt of copy of this order for finalization of grant. It is further made clear that this Court has not expressed any opinion on the merits of the case.

3. With the aforesaid observation/ direction, the writ petition stands disposed of.

Sd/- (Goutam Bhaduri) JUDGE Vishakha