Sai Agrotech Yawatmal, v. Chhattisgarh Rajya Beej Avum Krishi Vikas Nigam Limited,
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2471 of 2019 • Om Agro Organics, A Proprietorship Firm Through Its Proprietor Namely Gajanand Tote, S/o Shri Suresh Tote, Aged About 44 Years R/o Yawatmal, Tahsil Yawatmal, District Yawatmal, Maharashtra. Beej Bhawan, Ravigram, Telibandha, Raipur, District Raipur, Chhattisgarh.
3. Mjunction (India) Pvt. Limited, Through Its Nodal Officer (E - Procurement), 2nd Writ Petition (C) No. 2473 of 2019 • Sai Agro Tech Yawatmal A Partership Firm Registered Under The Relevant Provision of The Partnership Act Bearing Registration No. Ng000004468, Having Its Registred Office At A-77, Omidc, Lohara, Yawatmal, Maharastra 445001 Through its Partner Namely Devanand R. Dudhe, S/o Raoji Dudhe, Aged About 52 Years, R/o Darda Nagar, Yawatmal, Tahsil And District Yavatmal, Maharashtra Managing Director, Beej Bhawan, Ravigram, Telibandha, Raipur, District : Raipur, Chhattisgarh
3. Mjunction (India) Pvt. Limited, Through its Nodal Officer (E - Procurement), 2nd Writ Petition (C) No. 2478 of 2019 • Agro Blends A Proprietorship Firm Through Its Sole Proprietor Namely Arun Dixit S/o Late Bramha Prakash Dixit Aged About 63 Years R/o Belchha Road, Sajapur, District : Shajapur, Madhya Pradesh Chhattisgarh
3. Mjunction (India) Pvt. Limited Through Its Nodal Officer (E-procurement), 2nd Floor, Anjani Tower, Near Hotel Lalbagh Inn, Telibandha, Raipur (C.G.)-492001. Writ Petition (C) No. 2496 of 2019 • Sai Agrotech Yawatmal, A Partnership Firm Registered Under The Relevant Provision Of The Partnership Act Bearing Registration No. N G Ooooo4468, Having Its Registered Office At A - 77, OMIDC, Lohara, Yawatmal, Maharasthra - 445001 Through, Its Partner Namely Devanand R. Dudhe, S/o Raoji Dudhe, Aged About 52 Years, R/o Darda Nagar, Yawatmal, Tahsil And District Yawatmal, Maharashtra
1. Chhattisgarh Rajya Beej Avum Krishi Vikas Nigam Limited, Through Its Managing Director, Beej Bhawan, Ravigram Telibandha, Raipur, District Raipur, Chhattisgarh
2. Managing Director, Chhattisgarh Rajya Beej Avum Krishi Vikas Nigam Limited,
3. Mjunction (India) Pvt. Limited Through Its Nodal Officer (E-procurement), 2nd Floor, Anjani Tower, Near Hotel Lalbagh Inn, Telibandha, Raipur (C.G.)- 492001.
Writ Petition (C) No. 2498 of 2019 • Om Agro Organics A Proprietorship Firm, Through Its Proprietor Namely Gajanand Tote, S/o Shri Suresh Tote, Aged About 44, Years R/o Yawatmal, Tahsil Yawatmal, District Yawatmal, Maharashtra. Beej Bhawan, Ravigram Telibandha, Raipur, District Raipur, Chhattisgarh
3. Mjunction (India) Pvt. Limited, Through Its Nodal Officer (E - procurement), 2nd Writ Petition (C) No. 2711 of 2019 • M/s Microplex India A Proprietorship Firm, Having Its Head Office At 36, Mohta Market, Main Road, Wardha (Maharashtra), Through Its Proprietor Namely Shrikant G. Rathi, S/o Late Gopilal M. Rathi, Aged About 56 Years, R/o 9, Bahubali Nagar, Nagpur Road, Wardha Maharashtra, District : Wardha, Maharashtra.
Managing Director, Beej Bhawan, Ravigram, Telibandha, Raipur, District Raipur (C.G.)
3. Mjunction (India) Pvt. Limited Through Its Nodal Officer, (E-Procurement), 2nd Writ Petition (C) No. 2756 of 2019 • M/s Microplex Biotech And Agrochem Pvt. Ltd. A Company Registered Under The Companies Act 1956, Having Its Registered At 3, Mohta Market, Main Road, Wardha (Maharashtra) Through, Its Director Namely Smt. Preeti Rathi, W/o Shrikant G.Rathi, aged About 51 Years, R/o 9, Bahubali Nagar, Nagpur Road, Wardha, Maharashtra, District : Wardha, Maharashtra Beej Bhawan, Ravigram, Telibandha, Raipur, District Raipur, Chhattisgarh.
3. Mjunction (India) Pvt. Limited Through Its Nodal Officer (E-Procurement), 2nd Floor, Anjani Tower, Near Hotel Lalbagh Inn, Telibandha, Raipur, Chhattisgarh. For Petitioner :
Shri Manoj Paranjpe, Advocate.
For Respondents No. 1 and 2 :
Shri Animesh Tiwari, Advocate.
For Respondent No. 3 :
Shri Abhishek Sinha, Advocate.
Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramchandra Menon, Chief Justice 28.02.2020 1.
The grievance involved in these batch of writ petitions can be easily discernible from the prayers raised in Writ Petition (C) No. 2471 of 2019 treating it as the lead case.
"1 That, this Hon'ble Court may kindly be pleased to writ/writs, order/orders, direction/directions quashing the impugned order dated 01.07.2019 (Annex.P/1) received through E-Mail and respondent authorities may kindly be directed to reconsider the offer of the petitioner firm and if the order of the petitioner firm would be found
acceptable the petitioner firm may also kindly be awarded the rate contract offer.
2. That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case." 2.
Shri Animesh Tiwari, the learned counsel appearing for the Respondents No. 1 and 2 submits that the challenge raised against the rejection of the technical bid may not survive in view of the fact that the Respondent has already taken a decision to cancel the tender which is subjected to challenge and to go for retender. It is stated that necessary steps in this regard are proposed to be made before 15.03.2020, being an annual tender.
3.
In the above circumstances, the challenge raised by the Petitioner with regard to the rejection of the technical bid has virtually become redundant. Nothing remains to be adjudicated in view of the decision taken by the Respondent as per the subsequent developments. Accordingly, all these matters are closed without dealing with the merits of the case.
Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan