Adhishri Swa Sahayata Samuh Vs State of Chhattisgarh

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2026:CGHC:21624-DB

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Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:2026.05.11 11:25:12 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2246 of 2026

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Adhishri Swa Sahayata Samuh Through Its Director Rajni Rajak, W/o Shri Sanjay Rajak, Aged About 39 Years, R/o Jashpur, Tahsil And District Jashpur (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through- Secretary, Health Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur (C.G.)

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2 - Director Directorate Of Health Services, Indrawati Bhawan, Mantralaya, Capital Complex Naya Raipur, District Raipur (C.G.)

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3 - Collector Jashpur, District Jashpur (C.G.)

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4 - Chief Medical And Health Officer District Jashpur (C.G.)

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5 - Civil Surgeon Cum Chief Hospital Superintendent District Hospital Jashpur, District Jashpur (C.G.)

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6 - M/s Sushil Mishra Through Its Proprietor Mr. Sushil Mishra S/o Late Murari Mishra Aged About 57 Years Old Toli, Jashpur Nagar, Distt. Jashpur, Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : Mr. Anshul Tiwari, Advocate For Respondent(s) : Mr. Shashank Thakur, A.A.G.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice 08-05-2026

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1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Addl. Advocate General for the Respondent/ State.

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2. The petitioners have filed the present petition under Article 226 of the Constitution of India with the following prayer(s):-

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“i. That, the Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction quashing and setting aside the impugned letter dated 16.04.2026 issued by the Civil Surgeon cum Chief Hospital Superintendent, District Hospital, Jashpur (Annexure P/6), being arbitrary, illegal and contrary to the law.

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ii. it is most respectfully prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, including a writ of Mandamus, directing the respondents to forthwith discontinue and restrain respondent no. 6 from continuing catering services in District Hospital, Jashpur, as the same is being carried out without any valid tender, authority or lawful selection process.

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iii. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondent authorities not to dispossess the petitioner from the premises of District Hospital, Jashpur and to permit the petitioner to continue its services, or in the alternative, to maintain status quo,till a

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fresh tender process is initiated and finalized in accordance with law.

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iv. Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.”

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3. Brief fact of the case are that the petitioner is a women, self-help group engaged in welfare activities under various schemes of the Government of Chhattisgarh and is also successfully operating “Gad Kalewa” restaurant at Jungle Bazar, Jashpur with long experience in providing catering services. The respondent authorities floated a tender dated 19.02.2026 bearing Bid No. GEM/2025/B/7032239 for catering services at District Hospital, Jashpur, prescribing turnover and eligibility conditions despite relaxation provisions applicable to Micro and Small Enterprises (MSEs). Aggrieved thereby, the petitioner challenged the said tender before this Court in W.P.(C) No. 1597 of 2026, wherein this Court vide order dated 09.04.2026 quashed the entire tender process including the declaration of respondent no. 6 as H1 and petitioner as H2, while directing the authorities to issue a fresh NIT strictly in accordance with law and in compliance with MSE relaxation provisions. However, despite the clear directions of this Court, respondent no. 6 was allowed to continue catering services in the hospital. When the petitioner requested compliance of the order through representations dated 13.04.2026 and 16.04.2026, instead of removing respondent no. 6, the respondent authorities

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issued the impugned letter dated 16.04.2026 directing the petitioner to vacate the hospital premises on the ground that its tenure had expired, and thereafter failed to consider the petitioner’s detailed representation dated 17.04.2026.

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4. Learned counsel for the petitioner would submits that that the impugned action of the respondent authorities in directing the petitioner to vacate the hospital premises is wholly illegal, arbitrary, discriminatory and contrary to the judgment dated 09.04.2026 passed by this Court in WPC No. 1597 of 2026, whereby the entire tender process dated 19.02.2026 along with all consequential actions was quashed. Despite the clear judicial mandate, the respondents have permitted respondent no. 6, whose selection itself stood annulled, to continue operating the catering services, while selectively seeking to dispossess the petitioner without any notice, hearing, or lawful authority. Such conduct amounts to non-compliance of the order of this Court and is violative of Articles 14 and 19(1)(g) of the Constitution of India, as the respondents, being State instrumentalities, are bound to act fairly, transparently and in accordance with law. The continuation of respondent no. 6 without any disclosed authority, rate approval, or lawful selection process is ex facie arbitrary and unsustainable in law. The petitioner, who was already functioning at the site and had immediately approached the authorities seeking compliance of the Court’s order, had a legitimate expectation of fair and equal treatment, however, the respondents

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have acted in a mechanical and mala fide manner, causing grave prejudice and irreparable loss to the petitioner and its members engaged in welfare activities. Hence, the impugned action deserves to be set aside and the respondents be directed to maintain status quo and proceed strictly in accordance with the judgment dated 09.04.2026 and the applicable procurement rules.

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5. Learned State counsel opposes the submission made by learned counsel for petitioner and supported the stand taken by Respondent No. 5.

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6. This Court vide order dated 06.05.2026, directed the Respondent No. 5 to present in person before this Court and explain the condition under which the impugned order dated 16.04.2026 has been issued.

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7. In compliance of the Court’s order dated 06.05.2026, the Respondent No. 5/ the Civil Surgeon-cum-Chief Hospital Superintendent, District Hospital, Jashpur has appeared, in person, before this Court on 07.05.2026 and filed his personal affidavit which is reproduce hereinbelow:-

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“1. That, the present affidavit is being filed in compliance of the order dated 07/06/2026 passed by the Hon'ble Court.

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That, the deponent most humbly and respectfully submits that he has the highest regard and great respect for the lawful authority of this Hon'ble Court and its orders and directions issued from time to time. He tenders his unconditional apology for any such act as may be termed

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as contemptuous. He cannot think of flouting the orders passed by this Hon'ble Court.

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That, the deponent respectfully submits that this Hon'ble Court, in WPC No. 1597/2026- Adhishri Swa Sahayata Samuh Vs. State of Chhattisgarh and others, was pleased to set aside the Notice Inviting Tender dated 19/02/2026 bearing Bid No. GEM/2025/B/7032239 and was further pleased to set aside all consequential actions taken pursuant thereto including the declaration of the respondent no. 6 as H1 and the petitioner as H2 respectively. 4. That, the deponent respectfully submits that pursuant to the order dated 09/04/2026 passed in WPC No. 1597/2026, he vide its letter dated 22/04/2026 has immediately sought appropriate guidance from the Director, Health Services, Chhattisgarh with respect to initiation of fresh tender process. Copy of the letter dated 22/04/2026 is being filed herewith as Annexure A/1 for kind perusal of this Hon'ble Court.

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5.That, the deponent respectfully submits that the impugned communication dated 16/04/2026 (Annexure P/6) by which the petitioner society has been directed to remove its utensil, fridge and other items from the kitchen of district Hospital Jashpur, was inadvertently issued whereas the same ought not to have been issued as the Hon'ble Court vide its order dated 09/04/2026 was pleased to set aside

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the entire tender process including the declaration of respondent no. 6 as H1 and the petitioner as H2.

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That, the deponent respectfully submits that the impugned communication dated 16/04/2026 (Annexure P/6) will be withdrawn within 24 hours and further appropriate order will be issued in favour of the petitioner society for running the dietary services in the District Hospital, Jashpur for the period new tender is finalized.

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That, the deponent respectfully submits that he is a law abiding citizen and is duty bound to adhere to and abide by the order of this Hon'ble Court. It is further respectfully submitted that he holds the highest regard and great respect for the orders and directions of this Hon'ble Court and tenders his unconditional apology for his any act which may be termed as contemptuous.

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That, the contents of this affidavit have been drafted according to my instructions and the contents thereof are true and correct to the best of my personal knowledge and belief, based on the official records.”

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8. We have heard learned counsel for the parties and perused the affidavit filed by the Civil Surgeon-cum-Chief Hospital Superintendent, District Hospital, Jashpur.

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9. From perusal of the affidavit filed by the Civil Surgeon-cum-Chief Hospital Superintendent, District Hospital, Jashpur, in compliance of the order dated 07.05.2026, it appears that the deponent has

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unequivocally acknowledged the order dated 09.04.2026 passed by this Court in W.P.(C) No. 1597 of 2026, whereby the Notice Inviting Tender dated 19.02.2026 bearing Bid No. GEM/2025/B/7032239 as well as all consequential actions arising therefrom, including declaration of respondent no. 6 as H1 and the petitioner as H2, were set aside by this Court. The deponent has further stated that immediately after passing of the aforesaid order, guidance was sought from the Director, Health Services, Chhattisgarh vide communication dated 22.04.2026 with regard to initiation of a fresh tender process in accordance with law.

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10. It further appears from the affidavit that the deponent has admitted that the impugned communication dated 16.04.2026, whereby the petitioner society was directed to remove its utensils, fridge and other articles from the kitchen premises of District Hospital, Jashpur, was inadvertently issued and ought not to have been issued in view of the specific directions passed by this Court while setting aside the entire tender process. The deponent has categorically undertaken before this Court that the said impugned communication shall be withdrawn within 24 hours and that appropriate orders shall be issued permitting the petitioner society to continue running the dietary services in District Hospital, Jashpur till a fresh tender process is finalized.

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11. The affidavit further reflects that the deponent has expressed unconditional apology and has stated that he holds the highest

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regard for the orders and authority of this Court and that there was never any intention to disobey or flout the directions issued by this Court.

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12. In view of the categorical stand taken in the affidavit, the admission regarding the inadvertent issuance of the impugned communication, and the specific undertaking given for withdrawal of the same as well as for permitting the petitioner society to continue till finalization of the fresh tender process, no further adjudication survives in the present petition. Accordingly, the present petition stands disposed of in terms of the statements and undertakings made by the respondent authority in the affidavit filed before this Court.

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13. It is hope and expected that the respondent authority shall remain careful and vigilant in future and shall refrain from taking any action that may interfere with the administration of justice.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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sagrika

Adhishri Swa Sahayata Samuh v. State of Chhattisgarh

Case brief

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Adhishri Swa Sahayata Samuh v. State of Chhattisgarh

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