M/S Pruthi And Company v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4056 of 2019 • M/s Pruthi And Company A Partnership Firm Through Its Partner Abhishek Puthi, S/o Shri Subhash Chandra Pruthi, Aged About 40 Years, R/o House No.4 And 5, Mr- Rms Colony, Behind Pujari Park, Tagore Nagar, Raipur, District Raipur, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Urban Administration And Development, Mantralaya Indrawati Bhavan, Atal Nagar, Raipur, Chhattisgarh.

2. Chief Executive Officer State Urban Development Agency (SUDA), Indrawati Bhawan, 4th Floor, D Block, SUDA Secretariat, Naya Raipur, District Raipur, Chhattisgarh.

---- Respondents For Petitioner :

Shri Amit Soni, Advocate.

For Respondent No.1/State :

Shri Amit Buxy, Panel Lawyer.

For Respondent No.2/SUDA :

Shri Satish Chandra Verma with Shri Vikram Sharma, Advocates.

Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per, P.R. Ramachandra Menon, Chief Justice 17/12/2019 1.

The Petitioner has moved this Court with the following prayers: "10.1 That, the Hon'ble Court may kindly be pleased to issue a suitable writ/direction to the respondents directing the respondent authorities to make the eligibility condition and technical evaluation criteria for the required number of Chartered Accountants/ Professionals in Clause 3.12.1.1, Clause 4.5 Sr.No. A Sr. No. A (6.1), (6.2) and Sr. No. A (6.3) according to the required number as specified in Annexure B of Page 81 of tender vide RFP No. /9/SUDA/HFA/2019/1328/1588 dated 21.10.2019.

10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to treat experience in other Government Organizations on equal and par terms with experience in ULBs under Clause Sr. No. 4 of Clause 3.12.1.1 and Clause 4.5 Sr. No. A (2), Sr. No.

A (4) and Sr. No. B (1) (a), (b), (c) of the impugned tender document.

10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to keep the prequalification requirements of turnover and technical evaluation of turnover in reasonable terms and in line with the cluster-wise projected of the value of work. 10.4 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to keep the prequalification requirements of tender so as to provide equitable opportunities to the prospective bidders and that they shall not be specific in nature and that the specifications be company is specific and general and maximum possible participation should be encouraged. 10.5 Any other further order(s) as deemed fit and necessary by this Hon'ble Court in the interest of justice.

10.6 Cost for the petition.

2.

Now, I.A. No. 2 of 2019 has been filed seeking for permission to withdraw the instant writ petition.

3.

Permission is granted.

4.

The writ petition is dismissed as withdrawn.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Chandra