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High Court Of ChhattisgarhWPC/2361/2016non prosecution

M/S Azam Rizvi v. State Of Chhattisgarh

2021-11-22Hon'Ble The Chief Justice,Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2361 of 2016 M/s Azam Rizvi S/o Mr. Karimuddin Rizvi, Aged About 44 Years Occupation Class B Civil Contractor, R/o Sapna Colony, District Dhamtari Chhattisarh. ---- Petitioner

Versus

1.

State of Chhattisgarh Through Secretary, Public Works Department P.W.D. Sirpur Bhawan, Raipur, District Raipur Chhattisgarh. 2.

The Chief Engineer, Tender Cell Office of Engineer In Chief P.W.D. Office Sirpur Bhawan, Raipur, District Raipur Chhattisarh. 3.

Executive Engineer, P.W.D. Office, Kondagaon, Distirct Kondagaon Chhattisgarh.

4.

The Superintending Engineer, Public Work Department P.W.D. Circle 2, Raipur Distirct Raipur Chhattisarh.

---- Respondents (Cause-title taken from Case Information System) For Petitioner : None For Respondents/State : Mr. H.S. Ahluwalia, Deputy Advocate General Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Goutam Bhaduri, Judge Order on Board Per Arup Kumar Goswami, Chief Justice 22.11.2021 Even in the second round, none appears for the petitioner, on call. Mr. H.S. Ahluwalia, learned Deputy Advocate General is present on behalf of the respondents.

3.

The petitioner responded to Tender No.8726 issued on 14.07.2016 for construction of Livelihood College Building at Kondagaon with electrification. The petitioner had submitted his bid, but his bid was rejected on the ground that there was a criminal case pending against him before the Court of Dhamtari and the writ petition was filed challenging rejection of his bid along with a prayer to direct the respondents to issue fresh advertisement. 4.

This Court had passed an order on 21.09.2016 providing that while process of evaluation of tenders may go on, no final work order shall be issued if tender has not been awarded till 11.00 on that day. 5.

By filing a reply-affidavit, it is stated, amongst others, that work order was issued to one M/s Shankar Enterprises on 07.09.2016, much before the writ petition was filed on 15.09.2016 by the petitioner, that too, without disclosing that the work order had been issued. 6.

Mr. Ahluwalia, learned State counsel submits that the work for the subject tender has already been completed and the final bill has also been paid to the successful bidder on 31.08.2018.

7.

Be that as it may.

8.

Since none has appeared for the petitioner, the petition is dismissed for non-prosecution.

Sd/- Sd/- (Arup Kumar Goswami) (Goutam Bhaduri) Chief Justice Judge Anu