D.D. Builders Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 180 of 2019 • D.D. Builders Limited, through- Mr. Dhiraj Jain, S/o Mr. Bharat Kumar Jain, aged about 21 years (Authorized Representator) Resident- 22, South Avenue, Choubey Colony, Raipur, P.S. Civil Lines, District Raipur, C.G. ------Petitioner

VERSUS

1. State of Chhattisgarh through The Secretary, Public Works Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. The Engineer-in-Chief, Water Resource Department, District Raipur, C.G.

3. The Chief Engineer, Mahanadi Godavari Basin, Water Resource Department District Raipur, C.G.

4. The Superintending Engineer, Tender Cell, Water Resource Circle, Sihawa Bhawan District- Raipur C.G.

5. The Executive Engineer, Water Resource Circle, Balod District Balod, C.G.

6. Ram Shiromani Tiwari, Vardhman Nagar, House No. 103 Rajnandgaon, District Rajnandgaon C.G.

-------Respondents For Petitioner : None. For Respondent-State : Mr. Vikram Sharma, Dy. G.A. Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per P.R. Ramachandra Menon, CJ.

05/12/2019

1. Prayers made in the writ petition are in the following terms: "10 May Hon'ble Court be pleased to call for the records of the case pertaining to the petitioner from the respondents for its kind perusal.

A. May, the Hon'ble Court be pleased to quash the rejection of financial bid of the petitioner dated 20.12.2018 (Annexure P-1) issued by the respondent no. 3 as arbitrary and illegal, and direct the respondent authority to issue a work order of the above work in favour of the petitioner.

B. May, the Hon'ble Court be pleased to set aside the work order dated 26.07.2018 passed in favor of Respondent no. 6 by the respondent no. 05.

C. May, the Hon'ble court be pleased to issue a writ of mandamus: for respondents to compensate the petitioner accordingly, cause as per the NIT, the petitioner would have made a profit of 10% of the probable amount of contract in case had he secured the Work order.

D. May, the Hon'ble Court be pleased to initiate suomotu contempt proceeding against the respondents. E. Any other relief which this Hon'ble court may deem fit in the facts & circumstances of case.

F. Cost of the petition may also be awarded."

2. The matter was included in the final hearing list and when it was taken up for hearing on 03-12-2019, there was no representation on behalf of the petitioner. The position continued yesterday as well and the same is the situation today also. There is nobody to represent the petitioner. It appears that the petitioner has lost interest in the cause of action.

3. Accordingly, the writ petition stands dismissed for non-prosecution. Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Pawan