M/S Shri Balaji Feed Store v. The Haryana State Federation Of Consumers Co-Operative Wholesale Stores, Limited And Others

CWP-10551-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.228 CWP-10551-2025 (O&M) Date of Decision: 28.08.2025 M/S SHRI BALAJI FEED STORE

...Petitioner

Versus

THE HARYANA STATE FEDERATION OF CONSUMERS COOPERATIVE WHOLESALE STORE .....Respondent

CORAM:

HON'BLE MRS. JUSTICE LISA GILL HON'BLE MS. JUSTICE MANDEEP PANNU Present:- Mr. Anurag Chopra, Advocate for the petitioners.

Mr. Aashish Chopra, Senior Advocate with Mr. Gagandeep Singh, Advocate for the applicant (in CM-7940-41-CWP-2025).

Mr. Ankur Mittal, Advocate for the respondent.

***** LISA GILL, J.

CM-7810-CWP-2025:- Written statement on behalf of respondents No.1 to 3 along with Annexures R-1 to R-6 is taken on record, subject to just exceptions. Application is disposed of accordingly.

CWP-10551-2025 : - 1.

Challenge in this writ petition is to the Technical Rejection Letter dated 26.03.2025 (Annexure P-3) issued by respondent No.2 as well as order dated 07.04.2025 (Annexure P-5) passed by respondent No.1, vide which

CWP-10551-2025 (O&M) 2 appeal filed by petitioner challenging its technical rejection was dismissed purportedly without even considering the documents submitted in accordance with requirements of Notice Inviting Tender dated 14.01.2025 (Annexure P-1). There is further prayer to restrain the respondents from finalizing the Transportation Tender in question from Focal Point, Bhiwani to Charkhi Dadri in favour of any other participating contractor. 2.

At the very outset, learned counsel for petitioner submits that he has instruction to withdraw this writ petition. 3.

Learned counsel for respondent submits that petitioner had not approached this Court with clean hands. It is specifically stated in order dated 07.04.2025 passed by DFSC-cum-District Manager, Confed District Office, Bhiwani that experience certificate relied upon by the petitioner, purportedly issued by District Manager, HAFED, Rohtak was found to be bogus and forged. Experience certificate thereafter, submitted by petitioner stated to be issued by M/s Jyoti Flour Mills, Charkhi Dadri was also found to be a suspicious document.

4.

Learned counsel for respondents while referring to reply dated 14.05.2025 filed on behalf of respondents No.4 and 5 refers to communication dated 05.02.2025 received from District Office, HAFED, Rohtak verifying that said office has not allotted any transportation work to the petitioner and experience certificate in question had not been issued by this Office. Subsequent to this, petitioner submitted communication dated 05.02.2025, stating that said certificate issued by District Office, HAFED, Rohtak had been attached by mistake and should not be considered as valid and it is experience certificate issued by M/s Jyoti Flour Mills, Charkhi Dadri which should be considered. This certificate issued by M/s Jyoti Flour Mills, Charkhi Dadri was also found to be suspicious as is apparent from speaking order dated 25.03.2025 (Annexure R-5). All these facts were very well within knowledge

CWP-10551-2025 (O&M) 3 of petitioner but it has been projected in the writ petition that technical rejection order dated 26.03.2025 as well as order dated 07.04.2025 has been passed without considering or verifying documents submitted by petitioner without any valid reason.

5.

It is further submitted that application seeking vacation of interim order was filed in May itself on behalf of respondents but still no steps were taken by petitioner who kept enjoying interim order granted on 09.04.2025 by Co-ordinate Bench wherein it was directed that authorities would be at liberty to open and evaluate the price bid(s) and determine the lowest tenderer, though, formal assignment of the contract would remain stayed. It is submitted that petitioner should be burdened with appropriate cost in the given factual matrix. 6.

Learned counsel for petitioner submits that cost be not imposed as petitioner is withdrawing the writ petition.

7.

Keeping in view the facts and circumstances as above, this writ petition is dismissed as withdrawn, subject to deposit of Rs.25,000/- to be deposited with Punjab and Haryana High Court Bar Clerks' Association Welfare Fund within a period of two weeks.

8.

Since this writ petition is dismissed as withdrawn, no orders are called for in CM-7940-7941-CWP-2025 which are disposed of accordingly. 9.

Pending miscellaneous application(s), if any, is/are also stand disposed of.

(LISA GILL) JUDGE (MANDEEP PANNU) JUDGE 28.08.2025 Anu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No