Krishan Kumar v. State Of Haryana And Others

CWP-9562-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-9562-2025 Date of decision: 03.04.2025 Krishan Kumar .... Petitioner Vs.

State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Mukul Aggarwal, Advocate, for the petitioner. ARUN PALLI, J (Oral) Learned counsel for the petitioner submits that in response to the tenders invited by the Haryana Livestock Development Board, for chaffing of fodder and unloading it in khurli in GLF, Hisar, the petitioner, along with 4 other bidders, had submitted his bid. And, all the 5 bidders were declared technically compliant on March 28. 2025. He further submits that upon opening the price bid, respondent No.4 (M/s Agam Enterprises) was declared L-1, respondent No.5 (Krishan Kumar) L-2, and the petitioner was adjudged L-3. And, even the work has already been awarded to the successful tenderer on March 30, 2025. However, he asserts, for the respondent No.

4 lacked eligibility, in terms of the tender conditions, decision of the respondent authorities, to declare it technically responsive, was/is erroneous. With reference to Clause (3) of the tender notice, he submits that the contractor/firm was required to have a valid experience in last two years of harvesting/hoeing/weeding/chaffing with Government institute/Government aided institute/Board/Corporation/Universities etc. Whereas, he submits that the job order dated October 20, 2023 (P-4), on the basis whereof, respondent No.4 claimed the requisite experience, is not for whole year (2023-24), but, only for few months. It is urged that the said document was deliberately not appended with the bid either. Not just that, various other documents (P-5 colly) submitted by respondent No.

4 also do not advance its case as the same do not pertain to the relevant period/relevant work.

Served with the advance copy of the petition, Mr. Ankur Mittal, learned Additional Advocate General, Haryana, with Mr. Shivendra Swaroop, DEEPAK KUMAR 2025.04.04 09:26 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh learned Deputy Advocate General, Haryana and Ms. Kushaldeep Kaur,

CWP-9562-2025 Advocate, is present in Court on behalf of respondents No.1 to 3. At the outset, he, on instructions, submits that considering the dispute that is sought to be raised, it would be expedient if the petition is disposed of, to enable the competent authority to examine the concerns/grievances of the petitioner and pass necessary orders, in accordance with law. He further submits that before any such orders are passed, the petitioner, as also the other stake holders, shall be heard. And, in this regard, the petitioner may appear before the Managing Director, Haryana Livestock Development Board, Panchkula, on 04.04.2025 at 11.00 AM. He, as always, fairly submits that the matter being time sensitive, the necessary orders, shall be passed within two weeks from today. And, till then, respondent No.

4 shall not be permitted to execute the contract. Learned counsel for the petitioner is in agreement with the course suggested by learned State counsel, and submits that let this petition be disposed of, in terms of the statement made by him. In the wake of the position sketched out above and in terms of the statements made by learned counsel for the parties, the petition is accordingly disposed of.

This Court is sanguine that the authorities shall look into the matter in the right earnest. And the appropriate orders shall be passed within the time indicated by learned State counsel.

Needless to assert that this order shall not constitute any expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the concerns/grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI) JUDGE (SUDEEPTI SHARMA) JUDGE 03.04.2025 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2025.04.04 09:26 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh