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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN
New Mandal Traders through its sole proprietor Sikandar Mandal, S/o Late Saheb Ram Mandal – Appellant
Versus
State of Jharkhand through Secretary, Department of Food, Public Distribution – Respondent
JUDGMENT :
Tarlok Singh Chauhan, C.J.
1. Heard the parties.
2. The respondent no. 3 District Supply Officer, Godda invited a tender vide tender reference no. 463 dated 19.04.2023 for providing block-wise door-step delivery services to the fair price shops in urban areas as well as all the blocks of Godda district of State of Jharkhand for period of one year. The petitioner participated in the above tender and submitted its bid along with all required documents and was declared as lowest bidder. Later on vide memo dated 27.07.2023 the petitioner was directed by the respondent no. 3 to execute the agreement but the petitioner filed representation dated 01.08.2023 mentioning therein that the petitioner is a MSME firm and as per Clause 11 of the Jharkhand Procurement Policy 2014, the MSMEs require only 10% security in the form of bank guarantee which was allowed.
3. A formal agreement was entered into between the parties on 02.08.2023. According to the work order, the petitioner was to pick up food grains from the warehouse and supply to the concerned PDS Shops till March 2024. The petitioner accordingly started carrying out the execution of the work.
4. It is the case of the respondents th
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