Partly allowed

Bhawariya Construction Company v. Rajasthan State Food and Civil Supplies Corporation Ltd.

Rajasthan HC13 Aug 2024CW/5206/2024

Case brief

AI extract

What is this about?

High Court quashed an order cancelling a work order without hearing the petitioner. Two connected writ petitions were disposed of by remanding the matter to the second appellate authority to decide afresh after hearing the lowest bidder and the aggrieved bidder within three weeks.

What did the court decide?

Order dated 01.03.2024 quashed; matter remanded to second appellate authority to decide afresh within three weeks after hearing both petitioners; applications disposed of.

Bhawariya Construction Company Vs… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:33666]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5206/2024

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Bhawariya Construction Company, Having Registered Office At, Village-Suratpura, Post-Daulatpura Kuchaman City, Distt. Nagaur (Rajasthan) Through Its Proprietor Ganpat Ram S/o Heera Ram, Aged About 49 Years, Resident Of Post-Daulatpura Kuchaman City, Distt. Nagaur (Rajasthan).

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----Petitioner

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Versus

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Rajasthan State Food And Civil Supplies Corporation Ltd., Jaipur Through Its Manager Civil Supplies, Bikaner Office At Dak Bangalow, Collectorate Premises Bikaner (Raj.) 305001.

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Second Appellate Authority Cum The Chairman, Rajasthan State Food Civil Supplies Corporation, Limited, Secretariat, Jaipur, Rajasthan.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 4848/2024

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Bharat Lal Shiv Sahay And Sons Transport Company, Having Its Principal Place Of Business At House No. 37, Village Dangarwada, Tehsil Rajgarh, Alwar Rajasthan Through Its Proprietor Vinod Sharma

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----Petitioner

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Versus

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State Of Rajasthan, Through The Chief Secretary, Food And Civil Supplies Department, Government Of Rajasthan, Secretariat, Jaipur, Raj.

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The Chairman, Rajasthan State Food And Civil Supplies Corporation Limited, V Floor, Kisan Bhawan, Lal Kothi, Tonk Road, Jaipur-302015

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The Managing Director, Rajasthan State Food And Civil Supplies Corporation Limited, Jaipur.

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The Manager, Civil Supplies, Rajasthan State Food And Civil Supplies Corporation Limited, IInd Floor, Kisan Bhawan, Sriganganagar Road, Bikaner-334001.

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Bhawariya Construction Company, Having Its Registered Office At Village-Suratpura, Post- Daulatpura, Kuchaman

(2 of 3)

[2024:RJ-JD:33666]

[CW-5206/2024]

City, District Nagaur Through Its Proprietor Ganpat Ram S/o Heera Ram Aged About 49 Years, Resident Of PostDaulatpura, Kuchaman City, District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. Sunil Purohit For Respondent(s) : Mr. R.S. Choudhary

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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13/08/2024

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Both the writ petitions have been preferred aggrieved of the order dated 01.03.2024 passed by the Chairman, Rajasthan State Food & Civil Supplies Corporation Ltd. whereby, while deciding the second appeal as preferred by the petitioner Bhawariya Construction Company (BCC), the second appellate authority directed that the work order issued, be cancelled.

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Learned counsel appearing for the petitioner-BCC (S.B. Civil Writ Petition No.5206/2024) submits that it was not even the prayer of the appellant for cancellation of the work order. The only prayer of the appellant was for consideration of its technical bid which was illegally declared to be unresponsive by the respondent-authorities.

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The second writ petition (S.B. Civil Writ Petition No.4848/2024) has been preferred by Bharat Lal Shiv Sahay And Sons Transport Company which was the lowest bidder and has been awarded the work order. The case of the said petitioner is that the order dated 01.03.2024 was passed without affording any opportunity of hearing to it. It has been submitted that the said Company was not impleaded in the first appeal preferred by the

[2024:RJ-JD:33666]

[CW-5206/2024]

(3 of 3)

BCC and without hearing it, vide the impugned order, the work order issued in its favour has been directed to be cancelled.

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Learned counsel appearing for the petitioner-BCC fairly submits that as both the petitioners are aggrieved of the same order, the present writ petitions be disposed of while setting aside the said order and remanding the matters to the second appellate authority for decision afresh.

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The proposal seems to be genuine.

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In view of the same, the order dated 01.03.2024 is hereby quashed and set aside. Both the petitioners shall be at liberty to appear before the second appellate authority on 30.08.2024. The second appellate authority shall be under an obligation to decide the matters afresh within a period of three weeks from 30.08.2024 after affording opportunity of hearing to both the petitioners.

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With the above observations, both the present writ petitions are disposed of .

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Stay petitions and all pending applications, if any, also stand disposed of .

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(REKHA BORANA),J

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234-T.Singh/-

Bhawariya Construction Company v. Rajasthan State Food and Civil Supplies Corporation Ltd.

Case brief

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Bhawariya Construction Company v. Rajasthan State Food and Civil Supplies Corporation Ltd.

Case brief

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