Disposed

M/S. Chadha Sugar and Industries Pvt. Ltd. v. State of Rajasthan

Rajasthan HC5 Nov 2024CW/1372/2019

Case brief

AI extract

What is this about?

Disposes of a writ petition seeking to apprise the petitioner of the Second Appellate Authority's name under the Rajasthan Transparency in Public Procurement Act, 2012. Grants liberty to file second appeal within one month and directs the authority to decide it within two months. Disposes of stay applications.

What did the court decide?

Liberty granted to file second appeal within one month; direction to authority to decide within two months.

M/S. Chadha Sugar and Industries Pvt. Ltd… — Public Procurement and Tenders | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1372/2019

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M/s. Chadha Sugar and Industries Pvt. Ltd., Through Authorised Signatory/representative Mr. Sacchidanand Pandey, Ambience Mall, 709-711 7^th Floor, Gurgaon 122022 (Haryana).

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----Petitioner

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Versus

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State of Rajasthan, through the Principal Secretary, Revenue Department, 1st Floor, Main Building, Finance Department, Secretariat, Jaipur-302005, Rajasthan.

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State of Rajasthan, through The Joint Secretary (G & T- SPFC), 1st Floor, Main Building, Finance Department, Secretariat, Jaipur-302005, Rajasthan.

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Rajasthan State Ganganagar Sugar Mills Ltd., Through The General Manager, Iv Floor, Nehru Sehkar Bhawan, Bhawani Singh Road, Jaipur.

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Rajasthan State Ganganagar Sugar Mills Ltd., Through The Dy. General Manager (Purchase), RSGSM Pvt. Ltd., IV Floor, Nehru Sehkar Bhawan, Bhawani Singh Road, Jaipur. (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Umang Gupta and Ms. Vidhi Mitruka

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For Respondent(s) : Mr. Vaibhav for Mr. Kapil Sharma

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JUSTICE ANOOP KUMAR DHAND Order

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05/11/2024

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A limited prayer has been made in this writ petition for issuing a direction to the respondents to apprise the petitioner about the name of Second Appellate Authority for filing second appeal under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012.

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Counsel for the petitioner submits that after rejection of the first appeal by the First Appellate Authority, the second appeal was submitted by the petitioner, however, the same was returned by

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[CW-1372/2019]

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(2 of 2)

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the authorities concerned on a technical count that the said authority was not the Second Appellate Authority. Counsel submits that when the respondents did not apprise the petitioner about the name of the correct Second Appellate Authority, the petitioner had no other option except to approach this Court by way of filing of this writ petition. Counsel submits that now the respondents have apprised the name of the Second Appellate Authority by way of filing reply. Counsel submits that as per the reply, the second appeal lies before the Additional Chief Secretary, Department of Finance. Counsel submits that the instant petition be disposed of, granting liberty to the petitioner to file second appeal before the said authority and a direction be issued to the said authority to decide the second appeal of the petitioner in an expeditious manner.

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Considering the submissions made by counsel for the petitioner, the instant writ petition stands disposed of, granting above liberty to the petitioner. In case, the petitioner submits a second appeal before the Additional Chief Secretary, Department of Finance within a period of one month from today, it is expected from the Authority to decide the second appeal on its merit, after affording due opportunity of hearing to all the respective parties, strictly in accordance with law, preferably within a period of two months, thereafter ignoring the period of limitation.

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Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/172

M/S. Chadha Sugar and Industries Pvt. Ltd. v. State of Rajasthan

Case brief

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M/S. Chadha Sugar and Industries Pvt. Ltd. v. State of Rajasthan

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