Petitioner sought acceptance of a tender for fisheries work at Bandh Kui Sangana claiming bids could not be submitted on the due date owing to a holiday. Department showed over 20 bidders including her mother bid that day. Court found petition misconceived and based on incorrect facts and dismissed it.
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.
[2024:RJ-JD:36152]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5892/2023
Anita Sharma W/o Shri Pawan Kumar Sharma, Aged About 43 Years, Resident Of Ward No. 15, Near Shyam Park, Shrimadhopur, Distt. Sikar, Rajasthan.
----Petitioner
| For Petitioner(s) | : Mr. Prathvi Raj Singh Balot for |
|---|---|
| Mr. Hanwant Singh Balot | |
| For Respondent(s) | : Ms. Neelam Sharma,AGC |
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/09/2024
It has been submitted in the petition that the last date for submission of the tender was 11.04.2023 but as a State Holiday
[2024:RJ-JD:36152]
[CW-5892/2023]
(2 of 4)
was declared on the said date, the petitioner could not submit her tender on the said date and on very next date i.e. 12.04.2023, requested the respondent authorities to accept her tender form but the same was not accepted and hence, the present writ petition has been preferred.
[2024:RJ-JD:36152]
[CW-5892/2023]
(3 of 4)
In support of the above submission, the list of the bidders (reflecting their signatures) present on the said date, has been annexed as Annexure-R/1. The name and signature reflected at Serial No.16 being of the mother of the present petitioner has not been denied.
(4 of 4)
[2024:RJ-JD:36152]
[CW-5892/2023]
Further, the fact of the petitioner having participated in the subsequent tender process is also not refuted.
Therefore, in view of above glaring facts, where it is clear that the present writ petition is misconceived and based on total incorrect facts, this Court is not inclined to grant any relief to the petitioner despite the fact that the interim order had been passed in her favour. It is crystal clear that the interim order itself was obtained by the petitioner submitting total incorrect facts before this Court.
(REKHA BORANA),J
464-SP/Vij/-
2 issues framed by the court
Whether the petitioner's tender for fisheries work at Bandh Kui Sangana should be accepted despite the tender submission date falling on a State holiday.
Whether the writ petition, filed on incorrect factual claims, warranted relief.
Anita Sharma
The State Of Rajasthan, Panchayati Raj Department
Zila Parishad (Fisheries), Sirohi
Fisheries Development Officer, Sirohi
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
