High Court Of ChhattisgarhWPC/228/2018disposed off

M/S Sai Constructin v. State Of Chhattisgarh

2019-04-10Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Parth Prateem Sahu2 pages

WPC No. 228 of 2018 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 228 of 2018 • M/s Sai Construction Rajiv Ghandi Chowk, Majwapara, Bilaspur. Through - Its Partner Shri Atul Shukla, S/o Shri Ramaprasad Shukla, A/o 48 Years, R/o Jharabata, Rajiv Ghandi, Chowk, Bilaspur.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh.

2. Commissioner, Municipal Corporation, Vikas Bhawan, Nehru Chowk, Bilaspur.

---- Respondents For Petitioner :- Shri Vaibhav Singh, Advocate.

For Respondent-State :- Ms. Fouzia Mirza, Addl A.G.

For Respondent No.2 :- Shri Harshmander Rastogi, Advocate with Shri B.L. Sahu, Advocate on behalf of Shri A.S. Kachhawaha, Advocate.

Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Shri Parth Prateem Sahu,J.

Judgment On Board By Prashant Kumar Mishra, Ag. CJ

WPC No. 228 of 2018 10/04/2019

1. This Writ Petition was filed against the order of blacklisting in which the petitioner was black listed for a period of 06 months, w.e.f., 30.12.2017. The other relief prayed for in the petition is against his disqualification for tender No. 24180, 24176, 24177 and 24179 and for a direction to respondent No.1 to re-evaluate the tender part-1 of the petition.

2. The first relief against blacklisting has been rendered infructuous by the efflux of time.

3. So far as the second relief is concerned, learned counsel for the Corporation would submit that on petitioner's request the security amount was refunded to him and further, that the Municipal Corporation has abandoned the subject tender No.24180. He would also submit that the nature of work under the subject tender has changed. In other tenders petitioner was not L-1.

4. At this stage learned counsel for the petitioner would submit that Corporation is executing the work under the subject tender without finalizing the tender process.

5. The issue as to execution of subject work without calling for fresh tender is not involved in this petition. For the said relief, the petitioner may move afresh, if he so desires.

6. Accordingly, the Writ Petition stands disposed of. Sd/- Sd/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Ayushi