The High Court dismissed a writ petition filed by a security service provider challenging a tender notice for lack of a PSARA license requirement. The court found the petitioner lacked locus standi as they did not participate in the tender process and held the petition vague and frivolous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:41842-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5303 of 2024
M/s JV Reliable Security Private Limited, 4 Riddhi Siddhi Ganeshpuri, Khajrana Indore (M.P.) Through Manager Namely Harish Khodiar S/o Shri Ishwarlal Khodiar Age About 50 Years R/o Shri Vihar Colony In Front Of Croma Showroom Seepat Road Bilaspur District - Bilaspur (C.G.)
... Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary Energy Department Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur District - Raipur (C.G.)
2 - The Chairman Chhattisgarh State Power Transmission Company Ltd. Near Hanuman Mandir Vidyut Seva Bhavan Danganiya Raipur (C.G.)
3 - The Managing Director Chhattisgarh State Power Transmission Company Ltd. Near Hanuman Madir Vidyut Seva Bhavan Danganiya Raipur (C.G.)
4 - The Chief Engineer (S/s) Chhattisgarh State Power Transmission Company Ltd. OfÏce - Shed No. 4/ P.O. - Sundernagar Danganiya Raipur (C.G.)
... Respondents
For Petitioners : Mr. Dharmesh Shrivastava, Advocate. For Respondent : Mr. Shashank Thakur, Deputy Advocate General
For Respondent No. 2 to 4: Dr. Veena Nair, Advocate.
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Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
23/10/2024
1. The petitioner has prayed for the following relief(s):
“ 10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon'ble Court.
10.2 That this Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari, quashing the impugned notice inviting tender bearing Tender No. S/SO&M-11/24-27/614 dated 02.07.2024 and tender process issued by the respondent no. 4 for being arbitrary, illegal, and in violation of Section 4 of the PSARA Act, 2005;
10.3 That, this Hon'ble Court may further be pleased to issue a writ in the nature of mandamus, directing the respondent authorities to re-issue the tender incorporating the mandatory requirement of obtaining a PSARA license for all participating security agencies;
10.4 This Hon'ble Court may kindly be pleased to pass such other orders as this Hon'ble Court may deem fit and proper in the interest of justice and fairness.
10.5 That the cost of the petition may kindly be awarded in favour of the petitioner. ”
2. The facts, in brief, as projected by the petitioner are that the petitioner is a professional manpower supplier company with a focus on providing security services across various sectors. It specializes in
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delivering a range of personnel solutions, including trained security guards, supervisors, and other staff tailored to the specific needs of businesses and institutions.
3. The respondent No. 2 to 4 issued Tender No. S/S-O&M- 11/2427/614 (RFx No. 8100037872) dated 02.07.2024 for the operation (including cleaning, watch and ward) work of 130 Nos. 132/33 KV Sub- stations of CG State issued by Chhattisgarh State Power Transmission Company Limited (A Government of Chhattisgarh undertaking), OfÏce of the Chief Engineer (Substation), Raipur. After the issuance of the tender date 02.07.2024, the petitioner, on several occasion orally communicated to the respondent that such tender is illegal in nature and must be taken back as it doesn't have the condition of availability of a licence under the Private Security Agency (Regulation) Act, 2005. The respondents disregarded the petitioner's request to withdraw the tender dated 02.07.2024, despite its illegality.
4. Mr. Dharmesh Shrivastava, learned counsel for the petitioner submits that as per Section 4 of the Private Security Agencies (Regulation) Act, 2005 that 'no person shall carry on or commence the business of private security agency, unless he holds a licence issued under this Act'. The respondent authorities did not consider the oral objection by the petitioner regarding violation of the Act, 2005 in notice inviting tender then the petitioner filed a written objection/ applications before the respondent authorities on 07.10.2024 to stop the further proceeding and cancelling the tender and a new tender be issued but the tender process has not been stopped and it is going to be opened. The petitioner has not received any reply from the respondent and till date no action has been taken by the respondents despite knowing
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the illegality in the notice inviting tender dated 02.07.2024, the respondents have not withdrawn the same. Hence, this petition.
5. Mr. Shashank Thakur, learned Deputy Advocate General appearing for the State/respondent No. 1 submits that the tender has been floated by the respondents No. 2 to 4 and as such, the State has no say in this matter.
6. Dr. Veena Nair, learned counsel appearing for the respondents No. 2 to 4 submits that the petitioner has no l ocus standi to challenge the NIT in question as neither the petitioner has participated nor appears to be interested in participating in the tender process. Had it been a case that the petitioner participated in the tender process, he could have raised any grievance but the attempt of the petitioner only appears to stall the tender process for reasons best known to him.
7. We have heard learned counsel for the parties, perused the pleadings and documents appended thereto.
8. It appears that the petitioner, who is also a company engaged in supply of manpower and security services, is aggrieved by the fact that in the NIT floated by the respondents No. 2 to 4, there is no condition mentioned that the parties participating in such tender process should have a licence under the PSAR Act, 2005, which the petitioner is having.
9. On a specific query by this Court as to whether the petitioner has participated in the tender process, Mr. Shrivastava submits that the petitioner has not taken part in the tender process. It is beyond understanding as to when the petitioner is not interested in participating in the tender process, what grievance he could have or
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what prejudice is going to be caused to him if the respondents, who have floated the tender are not putting a clause with respect to having of a licence under Section 4 of the PSRA Act, 2005. Even otherwise, it is for the party floating the tender to decide the terms and conditions of the NIT keeping in view their own requirements, though it should not be arbitrary or irrational. The petition itself appears to be vague and frivolous and as such, this Court is not inclined to grant any of the relief as prayed for in this petition.
10. As a result, this petition stands dismissed. No order as to cost.
Sd/Sd/(Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE
Amit
Digitally
signed by
AMIT AMITKUMAR
KUMAR DUBEY
DUBEY Date:2024.10.24
21:07:52
+0530
3 issues framed by the court
Whether the petitioner, who did not participate in the tender process, had locus standi to challenge the non-inclusion of a PSARA license requirement in the tender document.
Whether the tender notice was arbitrary and illegal for not mandating a PSARA license for participating security agencies.
Whether the petition was vague and frivolous warranting any relief.
1 provisions across 1 enactments
M/s JV Reliable Security Private Limited
State Of Chhattisgarh Through The Secretary Energy Department
The Chairman Chhattisgarh State Power Transmission Company Ltd.
The Managing Director Chhattisgarh State Power Transmission Company Ltd.
The Chief Engineer (S/s) Chhattisgarh State Power Transmission Company Ltd.
Ramesh Sinha
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
